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HomeMy WebLinkAbout06-19-00t t i? CITY OF LAKEVILLE COUNCIL MEETING JUNE 19, 2000 Mayor Zaun 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 Johnson, Sindt, Mulvihill and Mayor Zaun. Absent Council Member Luick. Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; K. Nelson, City Engineer; D. Morey, Acting Community Sv Economic Development Director; D. Feller, Finance Director; S. Michaud, Parks 8v Recreation Director; D. Martens, Chief of Police; D. Volk,. Director of Operations & Maintenance; C. Friedges, City Clerk. AGENDA MODIFICATION Mayor Zaun indicated that a presentation to City Administrator Bob Erickson would be added to the agenda under item 5, Presentations/Introductions. MINUTES The minutes of the June 5, 2000 City Council meeting were approved as presented. STAFF'ANNOUNCEMENTS ATTORNEY: None ENGINEER: Mr. Nelson provided. a construction update on the County Highway 50 overlay project. ADMINISTRATOR: None PARKS 8v RECREATION DIRECTOR: Steve Michaud presented the May monthly report of the Parks 8v Recreation Department. CHIEF OF POLICE: Chief Martens presented the May Police Department monthly report. CITY OF LAKEVILLE COUNCIL MEETING JUNE 19, 2000 PAGE 2 PRESENTATIONS /INTRODUCTIONS Chief Martens introduced and recognized Sergeant Tim Knutson for his recent promotion. Chief Martens acknowledged the Lakeville Police Department's receipt of the Minnesota Safety Council's "Governor's Meritorious Achievement Award" for traffic. safety. Lieutenant Greg Style accepted the award on behalf of the Department. Chief Martens presented a Medal of Merit to Officer Andy Bohlen far saving the life of a fellow officer, Sergeant Dave Delmonico, who was the victim of a near-fatal anaphylactic reaction last December. Sergeant Delmonico, speaking also on behalf of his family, expressed appreciation to Officer Bohlen and the other responding officers, fire fighters and paramedics who were involved. Chief Martens presented a Chief s Award of Merit to the following individuals who made extraordinary contributions to the • community over .the past several months: • Marion Leno • Ashley Jahnke • Teri Jackson and Rachael Jackson • Bruce E. Meyer Dakota County Attorney James Backstrom introduced four DARE Poster Contest winners from Lakeville schools.' Attorney Backstrom and the students presented their winning posters: Pan-O-frog President Mike Jetchick, .along with Vice President Rob Mittlestaedt, provided an overview of the upcoming Pan-O- Prog events scheduled for July 1-9, 2000. Mayor Zaun announced that the CC Ludwig Leadership. Award was. presented to City Administrator Robert Erickson at the League of Minnesota Cities Conference recently held. in St. Cloud. A short video of the award. presentation was played. ' Mayor Zaun recessed the Council meeting at 7:55 p.m. to allow time for photo opportunities of those recognized. The meeting was reconvened at 8:07 p.m. CITY OF LAKEVILLE COUNCIL MEETING JUNE 19, 2000 PAGE 3 • CITIZENS' COMMENTS Joe Bystedt, 17308 Ipswitch Way, presented a petition for a pedestrian crosswalk and light on Ipava Avenue at North Park. Mayor Zaun indicated that the Council would. discuss this matter under New Business. Mr. Dick Dolan, 401 Brandywine Drive,. Burnsville, began to address the City Council regarding a situation that involved his son and a Lakeville Police Officer. The City Attorneyindicated that it is not appropriate for the City Council to consider this issue and asked Mr. Dolan not to discuss. this matter with the Council. Mr. Dolan continued to speak. Mayor Zaun recessed the meeting.. After Mr. Dolan left the Council Chambers, the .Council meeting was reconvened. CONSENT AGENDA . Council members added. items 9, 13, 14 and 15 to the consent agenda. 00.103 Motion was made by Sndt, seconded by Johnson to approve the consent agenda items as follows: a. Claims for payment. b. May Investment Report. c. Receive minutes of the following advisory. committee meetings: Planning Commission, June 1, 2000 Park & Recreation Committee, June 7, 2000 Environmental Affairs Committee, May 30, 2000 d. Resolution 2000-126 accepting a donation to the Police Department fitness program from. McDonald Construction, Inca. • CITY OF LAKEVILLE COUNCIL MEETING JUNE 19, 2000 PAGE 4 ~1 LJ e. Resolution No. 2000-127 accepting donation to the Police Department crime prevention program from McDonald's Corporation. f. Resolution No. 2000-128 authorizing temporary closing of city streets for Pan-O-Prog events. g. Resolutions No. 2000-129, 130, 131, 132, 133, 134 and 135 accepting donations to the Meals on Wheels program from Sons of Norway, Family of Christ Lutheran Church, Lutheran Brotherhood, Hosanna! Lutheran church, Lakeville Senior Center, American Legion Auxiliary Post 44 and Lakeville Knights of Columbus. h. Resolutions No. 2000-136, 137, 138 and 139 accepting donations to the Parks 8v Recreation Department from Lakeville Knights of Columbus, Chemcentral, Lakeville Soccer Club and Dakota Electric. i. .Resolution No. 2000-140 authorizing extension of park • hours at Antlers Park on July 5, 2000 for the Pan-O-Prog. Teen Dance. j. Resolution No. 2000-141 awarding contracts for park and trail improvements and playground equipment, Improvement Projects 00-8,.00-9 and 00-10. k. Amendment to agreement with Jeff Reisinger Lawn Care Service. 1. Change Order No. 3 with Merrimac Construction for Police Station remodeling, Improvement Project 98-21. m. Special assessment agreement with Robert and Doretta Larson, 16795 Judicial Road. n. Trunk watermain and trunk storm sewer credits for Zweber Farm Second, Fifth, Seventh and Eighth Additions. o. Final acceptance of public utility and street improvements, Lake Villa Golf Estates 9~ Addition. CITY OF LAKEVILLE COUNCIL MEETING JUNE 19, 2000 PAGE 5 :7 p. Resolution No. 2000-142 designating the City Clerk as the Responsible Authority and Data Practices Compliance Official pursuant to the Government Data Practices Act. q. Multi-purpose trail reimbursement, Valley Christian Church 2nd Addition. r. Resolution No. 2000-143 approving a gambling permit for Panorama of Progress. s. Resolution No. 2000-144 approving a gambling permit for John Vessey American Legion Auxiliary to Post 44. t. Resolution No. 2000-145 approving a gambling permif for Lakeville Lions Club. u. Resolution No. 2000-146 accepting a donation from the. Lakeville Lions Club. v. Receive letter withdrawing application of Sidelines Bar 8v • Grill for a liquor license at Super 8 Motel, 20800 Kenrick Avenue. w. Appoint David Luick as Commissioner and Tom. Walkington as Alternate to the Black Dog Watershed Management Organization. x. Resolution No. 2000-147 approving plans and specifications and setting a bid date for Well No. 14, Improvement Project 00-4A. 9. Receive the Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit amendment to allow a day care facility. at 16880 .Cedar Avenue (Faith Lutheran Church) . 13. Grant extension of on-sale liquor license for Babe's Sportsbar 8v Grill to allow the sale of alcoholic beverages and live. entertainment in the fenced-in parking lot on July 7-9, 2000. CITY OF LAKEVILLE COUNCIL MEETING JUNE 19, 2000 PAGE 6 • 14. Grant a temporary 3.2% malt liquor license to the Lakeville Lions Club for Pan-O-Prog events at the Lakeville VFW on July 6-7, 2000. 15. Grant a temporary on-sale liquor license to the Lakeville VFW for Pan-O-Prog events on July 6-9, 2000. Roll call was. taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill. ITEM 8 Jeff Lueders, Cable Coordinator, presented for Council's consideration a Notice of Intent to Franchise a Cable Communications System. • Brian Grogan of Moss 8s Barnett, the City's consulting cable attorney, explained the steps that need to be taken for the City to grant an additional franchise for cable communications. State Statue requires the City to publish a notice of intent to franchise and to prepare a Request for Proposals. (RFP) that is made available to interested vendors.. The RFP would provide details of the desired system design and services to be offered. A public hearing would be held before the City Council on September 5, 2000, at which time each applicant would be given an opportunity to present its proposal. Mr. Lueders explained that Wide Open West, Inc. contacted Lakeville,. among other cities in the Metropolitan area, requesting a franchise for a network that would provide Internet access, digital cable TV and possibly telephone in the future. Also, a company called Hickor~I'ech, a compettivelocal exchange carrier, has indicated a desire to compete in the area of telephone and Internet access. Both companies want to install their cable in the City's right-of--ways, which prompted a thorough review of the. City's right-of-way ordinance. Greg Stattman, representing the City's Telecommunications Commission, stated the proposal(s) gives the City an opportunity for competition and, possibly, some lower rates. He stated the, Telecommunications Commission will review the application(s) in detail and make a recommendation to the City Council. CITY OF LAKEVILLE COUNCIL MEETING JUNE 19, 2000 PAGE 7 Council Member Mulvihill stated the Council has reviewed this matter at work sessions. held on May 25 and June 6. She explained that the City supports the opportunity for competition but wants to avoid disruption of the right-of--ways and residents' yards and driveways. She stated the City is looking at the possibility and legality of using some type of a conduit that could accommodate multiple lines. Council .Member Johnson stated he also supports the opportunity for competition but is concerned with the destruction of property that could occur. Council Member Sindt stated it is her understanding ..that the City does not have the authority. to limit the number of vendors in a city. Mr. Grogan .explained that State and Federal laws limit the franchising authority (city) from denying the right to access right- of-way to a company that possesses the qualifications to provide this service. The City's right-of-way ordinance is essential, in that it would set the guidelines for what a public utility company can and cannot do in the right-of-way, subject to the legislature's guidelines. Right-of-way controls. can also be incorporated into a franchise agreement with a cable company. 00.104 Motion was made by Mulvihill, seconded by Johnson to approve the Notice by the City of Lakeville, Minnesota, of its Intent to Franchise a Cable Communications System and authorize publication of the notice. Roll call was. taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Johnson. ITEM 10 Gary Wollschlager of Tollefson Development requested. Council approval of the preliminary and final plat of Paradise Hills 2nd Addition. Mr. Morey presented the: Paradise Hills 2nd Addition plat, which .consists of 28 single-family lots and five outlots on land located south of the existing 192nd Street and west of Dodd Boulevard. Paradise Hills 2nd Addition includes the property the City CITY OF LAKEVILLE COUNCIL MEETING JUNE 19, 2000 PAGE 8 purchased from the developer as part of the Ipava Avenue. improvement project. This property includes 120 feet of roadway easement for Ipava Avenue and- 80 feet of roadway easement for 192nd Street. The underlying roadway easements will be vacated: consistent with City policy. A minor variance is required to allow the Ireland Court cul-de-sac street length greater than 500 feet. The minor variance is being processed as a result of City action associated with the Ipava Avenue improvement project. The Planning Commission held a public hearing on the .preliminary and final plat and unanimously recommended approval. Staff recommends approval. 00.105 Motion was made by Johnson, seconded by Sindt to approve Resolution No. 2000-148 approving the preliminary and final plat of Paradise Hills 2nd Addition; and adopt Findings of Fact and Recommendation and approve a cul-de-sac street length variance for Ireland Court in Paradise Hills 2nd Addition. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Johnson, Zaun. • ITEM 11 Jim Stanton of Shamrock Development requested Council approval of the Marion Fields Third Addition preliminary and final plat. Mr. Morey presented the preliminary and final plat of Marion. .Fields Third Addition, which consists of eight single-family lots on 4.49 acres of land located on the east side of Dodd Boulevard, south of 207 Street. In conjunction with the preliminary and finalplat, the developer is requesting a rezoning of the subject property from R-2, single-family residential district .(100-foot wide lots) to R-2A, single-family residential district (85-foot wide lots). In addition, the City must approve a resolution authorizing the sale of the City-owned parcel located in the northwest corner of the preliminary and final plat. The City had purchased this parcel in 1988 for construction of the Lake Marion outlet channel and, subsequently, for .construction of the trail between downtown Lakeville and Antlers Park. The Lake Marion outlet was later diverted to a large storm sewer pipe within Dodd Boulevard and no longer extends across this parcel. The ..CITY OF LAKEVILLE COUNCIL MEETING JUNE 19, 2000 PAGE 9 • developer will deed Outlot A, which covers the existing trail, to the City. The Planning Commission held a public hearing. on the preliminary and final plat, rezoning and conditional use permit on October 21, 1999. The Planning Commission tabled action at developer's request to allow the developer and Norbert 8~ Shirley Jensen time to address concerns raised by the Planning Commission related to the proposed detached storage building. The Planning Commission was concerned with the proposed size and exterior materials of the building. The Developer and the Jensens have since agreed to reduce the size of the proposed accessory building and modify the exterior materials as recommended by the Planning Commission (wood frame with siding and asphalt shingles, consistent with the houses and garages in the Marion Fields development). The total proposed accessory building area is .1.,470 square feet.. The total allowed in the R-2A district is 1,100 square feet, unless a conditional use permit is approved to exceed that amount. The Planning Commission and staff recommend approval of the resolution authorizing transfer of City-owned property, resolution approving the preliminary and final plat, ordinance rezoning property to R- 2A, and a conditional use permit to allow total accessory building area greater than 1,100 square feet. 00.106 Motion was made by Johnson, seconded by Mulvihill to receive the Planning Commission's Findings of Fact and Recommendation and approve the following with regard to Marion Fields Third Addition: a. Resolution No. 2000-149 authorizing transfer of certain real property in connection with the Marion Fields Third Addition plat; b. Resolution No. 2000-150 approving the preliminary and final plat of Marion Fields Third Addition; c. Ordinance No. 671 rezoning property from R-2 (100 foot wide lots) to R-2A (85 foot wide lots) d. Conditional use permit to allow total accessory building area greater than 1,100 square feet in the R-2A District Roll call was taken on the motion. Ayes, Mulvihill, Johnson, Zaun, Sindt. CITY OF LAKEVILLE COUNCIL MEETING JUNE 19, 2000 PAGE 10 ITEM 12 Wayne Brown requested Council approval of a conditional use permit amendment to allow up to five outdoor storage tenants on unsewered property and an interim use permit to allow the use of a temporary office building at 19740 Kenrick Avenue. Associate Planner Ron Mullenbach presented the conditional use permit and interim use permit request. The property, he explained, is currently used by three outdoor storage tenants, Brown 8v Cris, Williams Scotsman and Biff's Roll-Off. The proposed conditional use permit amendment will clearly define the exact type and intensity of uses to occur on the property. The fact that Williams Scotsman sells mobile offices provides a unique opportunity to provide temporary office space on the property. The proposed zoning for the property is CC, Corporate. Campus District, on the west. side of the pipeline easement, which splits the property from north to south. The east side of the easement is zoned RH-1, High Density Residential. The • conditional use permit amendment and interim. use permit provides a good interim use. of the property until it re-develops for. the proposed zoned uses after the year 2015, when the property can be brought into the MUSA. The conditional use permit amendment is subject to eight stipulations; and the interim use permit. is subject to seven stipulations as recommended by the Planning Commission. Mr. Mullenbach pointed out that Condition "c" of the Interim Use Permit should reference. screening on Kenrick Avenue rather than Kenyon Avenue. 00.107 Motion was made by Mulvihill, seconded by Johnson to receive the Planning Commission's Findings of Fact and Recommendation and approve a Conditional Use Permit amendment to allow an expansion of an industrial use on an unsewered parcel; and an Interim Use Permit for a temporary office building at 19740 Kenrick Avenue. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill. L` CITY OF LAKEVILLE COUNCIL MEETING JUNE 19, 2000 PAGE 11 • ITEM 16 00.108 Motion was made by Mulvihill, seconded by Sindt to set a Council work session to review the proposed zoning ordinance on Monday, July 10, 2000 at 8:00 a.m. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Johnson. UNFINISHED BUSINESS None NEW BUSINESS In response to the petition presented under Citizens' Comments for a crosswalk on Ipava Avenue near North Park, Mr. Erickson stated SRF, the City's traffic consultant, was previously directed by the Council to undertake a study for. a pedestrian crossing on 205 Street between Jacquard Avenue and Kenrick Avenue. He suggested that the traffic consultant include the Ipava Avenue/North Park area in the study to consider a pedestrian • crossing at that location. as well. He recommended. that neighborhood meetings be held at both locations to consider the results when they are completed. Mr. Erickson stated that steps are currently being taken. to monitor the parking along. Ipava Avenue near North Park in an effort to improve pedestrian safety. 00.109 Motion was made by Mulvihill, seconded by Johnson to receive the petition to put a crosswalk and light on Ipava Avenue at North Park. Roll call was taken on the motion. Ayes, Sindt,.Mulvihill, Johnson, Zaun. 00.110 Motion was made by Johnson, seconded by Mulvihill to direct SRF to include the area outlined in the- petition (Ipava Avenue at North Park) in the traffic/pedestrian study currently being conducted for 205 Street. Roll call was taken on the motion.. Ayes, Mulvihill, Johnson, Zaun, Sindt. ANNOUNCEMENTS: Next regular Council meeting Wednesday, July 5, 2000 • • CITY OF LAKEVILLE COUNCIL MEETING JUNE 19, 2000 PAGE 12 Mayor Zaun adjourned the meeting at 9:20 p.m. Respectfully submitted, Duane Zaun, Ma o •