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HomeMy WebLinkAbout06-16-97 CITY OF LAKEVILLE COUNCIL MEETING JUNE 16, 1997 The meeting was called to order at 7:00 p.m. by Mayor Zaun. The pledge of allegiance to the flag was given. Roll call was taken. Present: Councilmembers Johnson, Sindt, Mulvihill, Holberg and Mayor Zaun. Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; K. Nelson, City Engineer; M. Sobota, Community & Economic Development Director; D. Feller, Finance Director; S. Michaud, Pazks & Recreation Director; Lieutenant Johnson, Police Department; J. Perron, Liquor Store Manager; D. Volk, Director of Operations & Maintenance; F. Dempsey, Associate Planner, J. Hennen, Administrative Assistant; L. Gustafson, Deputy City Clerk. 1VIIrTUTES The minutes of the June 2, 1997, City Council meeting were: approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: Mr. Nelson informed the Council of anamended-resolution for Item 9c. The amended resolution. includes a stipulation that the award of contract is subject to the City receiving a Letter of Credit and the developer completing acquisition of the property. Mr. Nelson reported that recent legislation regazding a speed limit bill also included noise standazd exemptions for local and county roads. This will allow the City and County. to proceed with several major projects including construction on Pilot Knob Road between the Lakeville/Farmington border and County Road 46. ADMIl~iISTRATOR: None PARKS & RECREATION DIRECTOR: Mr. Michaud presented the May, 1997, Pazks & Recreation monthly report. CHIEF OF POLICE: Lieutenant Johnson presented the May, 1997, Police Department monthly report. PRESENTATIONS/INTRODUCTIONS Pan-O-Prog President Sue Blanchazd, and First Vice President, Dan Pellinan, presented the i Councilmembers with aPan-O-Prog button and President's hat and then highlighted several of this year's activities. CITY OF LAKEVII.LE COUNCIL MEETING JUNE 16,1997 PAGE 2 • Ms. Perron introduced Blair Peterson, who has been promoted to fill the full time Keyholder/Sales Clerk position. CITIZENS' COMMENTS Mr. John Boland, 10241 - 205th Street West, stated he recently attended a ISD 194 school board meeting where sites/acreage for junior and senior high schools .were discussed. He asked how long an impact. study and permits would take fora 400,00 square foot high school building as opposed to a 300,000 square foot building. Mr. Boland inquired if the City would allow any part of a proposed site to be outside the MUSA. Mr. Erickson stated that typically a free standing site for a junior high would include the building, parking lots and athletic fields and would require more than forty acres. However, if combined with another school facility, the potential for sharing parking and athletic fields may decrease the acreage. The school facility must be inside the MUSA while athletic fields and other areas can be outside the MUSA. The City's Capital Improvement Plan (CIP), according to Mr. Erickson, quides growth of the City through infrastructure investments. The Planning Commission will be considering expansion of the CIP to include one more year on June 19, 1997. This is done annually and ultimately will. be reviewed and approved by the City Council. A copy of the CIP will then be • forwarded to the school district. CONSENT AGENDA Councilmembers removed Item 7o from the consent agenda. Councilmembers added Items 8, 12, 13 and 15 to the consent .agenda. 97.113 Motion was made by Holberg, seconded by Sindt to approve the consent agenda items as follows: a. Claims for payment. b. May Investment Report. c. Receive minutes ofthe-following advisory committee meetings: • Cable Board, May 13, 1997 • Meals on Wheels Advisory Committee, May 20, 1997 • Ice Arena Advisory Committee, May 28, 1997 • Environmental Affairs Committee, June 3, 1997 • Parks & Recreation Advisory Committee, .June 4, 1997 • Planning Commission, June 5, 1997 CITY OF LAKEVII.LE COUNCIL MEETING JTJNE 16,1997 PAGE 3 d. Resolution No. 97-135 receivin bids and awarding contract for CSAH 70 utility g extensions, Improvement Project 97-16. e. Resolution No. 97-136 approving plans and specifications and setting a bid date for Holyoke Avenue watermain extension (Di-Hed Yokes, Inc.), Improvement Project 97-17. f. -Special assessment agreement with Dennis and Donna Eide, 8850 Upper 209th Street West. g. Receive City of Lakeville 1996 Comprehensive Annual Financial Report, Auditor's Management Letter and Report. on Federal Financial Assistance, Internal Control and Compliance. h. Receive Lakeville Fire Relief Association 1996 Annual Financial Report. i. Authorize acquisition of property for Liquor Store #4. j. Resolution No. 97-138 accepting donation to the Lakeville Fire Department from. Liberty Mutual Insurance Group. • k. Resolution No. 97-139 accepting donation from John F. Kennedy Elementary School Parent/Teacher Association to the. DARE program. 1. Resolution No. 97-140 accepting donation from Liberty Mutual Insurance Group for Safety Camp. m. Resolution No. 97-141 accepting donation of an ash tree for Valley Lake Park from Larry and Malinda Powell. n. Resolution No. 97-142 approving plans and specifications and setting a bid date for Independence Park playground. o. (Removed from consent agenda). p. Resolution No. 97-144 authorizing "no parking" on 210th Street west of Cedar Avenue. q. Extension of Lakeview Estates preliminary plat approval from August 4, 1997, to Apri121, 1998. r. Resolution No. 97-145 approving a gambling permit for Panorama of Progress. s. Resolution No. 97-146 approving action of Housing and Redevelopment Authority to acquire property through condemnation. CITY OF LAKEVILLE COUNCII. MEETING JiTNE 16,1997 PAGE 4 t. Certification of Local Performance Measures for Local Performance Aid payable 1998. u. Final acceptance of public utilities, Crystal Lake Golf Club. 8. Resolution No. 97-147 approving final plat of Hypointe Crossing 6th Addition. 12. Conditional use permit amendment to allow the construction of an accessory building at 9805 Iteri Court East. 13. Conditional use permit amendment to allow more than one detached accessory building and a total accessory building area of more than 1,250 square feet at 16615 Ipava Avenue. 15. Consider application from the Lakeville Lions Club for a temporary on-sale 3.2% malt liquor license for two events at the. Lakeville VFW Club on July 10-11, 1997. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. ITEM 7o Resolution authorizing temporary closing of City streets for Pan-O-Prog • events. Councihnember Mulvihill asked if signs informing residents which streets. will be temporarily closed for the Pan-O-Prog parade will be in place well ahead of the parade. Lt. Johnson commented that except for residents living on Holyoke Avenue, there will be no problem for downtown residents accessing their homes. Mr. Erickson said there will be no construction detours unlike last year. Mr. Volk informed the Council that "no parking" signs will be in place two days before the parade. 97.114 Motion by Mulvihill, ,seconded by Sindt, to approve Resolution No. 97-143 authorizing temporary closing of City streets for Pan-O-Prog events. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Johnson, Zaun. ITEM 9 Mr. Gary Wollschlager, representing Tollefson Development, Inc. requested Council approval of a rezoning and final plat for Cherryfields, which consists of 22 single family residential lots located on the east side of Highview Avenue at 175th Street .West. Mr. Sobota explained a .portion of the final plat property will be rezoned from R-A, .Single Family-Agricultural Residential District to R-2, Single Family Residential. District. The R-A portion which the City acquired from the Larsons will be conveyed to the developer in exchange for the developer deeding Outlot A, Cherryfields to the City. The land trade will allow the construction of 175th Street as City Improvement Project. 96-7 which will occur CITY OF LAKEVILLE COUNCIL MEETING JUNE 16,1997 PAGE 5 • simultaneousl with the lat develo ment. The Plannin Commission and staff recommend Y p p g approval of the final plat of Cherryfields, the ordinance rezoning property from R-A to R-2, and an amended resolution receiving bids and awarding contract for construction of 175th Street and extension of amulti-purpose trail. Mr. Nelson informed Council that five extremely competitive bids had been received for the construction of 175th Street. Mr. Nelson recommended awarding a contract, subject to the amended .resolution, to McNamara Contracting. in the amount of $288,462.70 which is approximately $40,000 less than the engineer's .estimate. 97.115 Motion was made by Johnson, seconded by Sindt to receive the Planning Commission's Findings of Fact and Recommendation and adopt Ordinance No. 603 rezoning property from R-A, Single Family Agricultural-Residential District to R-2, Single Family Residential District, Resolution No. 97-148 approving the final plat of Cherryfields and the conveyance of City owned property and Resolution No. 97-149 receiving bids and awarding contract for construction of 175th Street and extension of multi-purpose trail east of Highview Avenue, Improvement Project 96-7. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Johnson, Zaun, Sindt. " ITEM 10 • Mr. uinn Hutson re resentin Valle Christian Church re uested Council a royal of the Q P 8 Y q PP preliminary and final plat of Valley Christian Church 2nd Addition, consisting of one lot east of Cedar Avenue and north of Dodd Boulevard. Also, they are requesting a Conditional Use Permit to allow construction of their church in an R-2, Single Family Residential District. Mr. Sobota stated that along with the final platting of Valley Christian Church 2nd Addition, the construction of Glacier Way is proposed as Public Improvement Project 97-11. Since these improvements will benefit three parcels, waiver of assessment appeals with the Hohags, Valley Christian Church and Dakota County HRA have. been obtained. Mr. Dempsey explained: that the church is proposing to construct in two phases. The first phase will. be a 31,000 square foot building consisting of a sanctuary, office space and day school. Approximately twenty-five area residents attended a neighborhood meeting on February 6, 1997, where their comments and issues were addressed. The Planning Commission and staff recommend approval of the preliminary and final plat, the Conditional Use Permit, assessment agreements for the Glacier Way extension and authorizing OSM to prepare plans and specifications for Improvement Project 97-11. 97.116 Motion was made by Mulvihill, seconded by Johnson to receive the Planning Commission's Findings of Fact and Recommendation and approve Resolution No. 97-150 approving the preliminary and final plat of Valley Christian Church 2nd Addition, approve a Conditional use permit to allow the :construction of a church in an R-2 Single Family Residential District, approve assessment agreements for Glacier Way extension with Dakota County HRA and CITY OF LAKEVII.LE COUNCIL MEETING JUNE 16,1997 PAGE 6 Hohag, et al., and approve Resolution No. 97-151 authorizing OSM to prepare plans and specifications for Improvement Project 97-11. Roll call was taken on the motion. Ayes, Holberg, Johnson, Zaun, Sindt, Mulvihill. ITEM 11 Mr. Jay Littlejohn representing US West New Vector Group, Inc., requested Council approval of a Planned Unit DevelopmentJConditional Use Permit (PUD/CUP) allowing construction of an eighty (80) foot tall cellular telephone mono-pole facility on MnDot property located at 1b850 Kenrick Avenue. Mr. Littlejohn stated Stipulation H requires them to paint the mono-pole a specific color and brand. He commented there are a limited number of brands that are compatible with their equipment. He also affirmed MnDot's objection to Stipulation F that requires payment of storm sewer area charges subsequent to issuance of a building permit. Mr. Sobota explained the three MnDot parcels lie along the I-35 corridor and include both residential and commercial zonings. Mr. Dempsey stated the cellular phone tower will provide coverage to a three mile service area. He commented that no residents attended a neighborhood meeting held in June 1997, however, several residents did attend the Planning Commission meeting. • Mr. Dempsey stated the Planning Commission .and... staff .recommend approval of the PUD/CUP subject to nine stipulations and the Findings of Fact and Recommendation. 97.117 Motion was made by Johnson, seconded by Mulvihill to receive the Planning Commission's Findings of Fact and Recommendation and approve the Planned Unit Development/Conditional Use. Permit for. US West New Vector Group, Inc. and the Minnesota Department of Transportation, including amended Stipulation H. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. ITEM 15 Babe's Sports Bar & Grill manager, Jackie Seurer requested an extension of their liquor and cabaret licenses to allow the sale of alcoholic beverages and live entertainment in the fenced- in parking lot for Pan-O-Prog events scheduled for July 11, 12, and 13, 1997. Investigator Bill Forbord stated Babe's has been responsive. to the. Police Department's concerns and this annual event has been conducted successfully in the past. Babe's have notified the neighbors and the,same security measures as last year will be in place. 97.118 Motion was made by Sindt, seconded by Holberg to grant an extension of the on-sale liquor and cabaret licenses to allow the sale of alcoholic beverages and live entertainment in the fenced-in parking lot at Babe's Sports Bar & Crrill on July 11-13, 1997, and authorize the CITY OF LAKEVII.LE COUNCIL MEETING JUNE 16,1997 PAGE 7 • Chief of Police, or his designee, to direct the event manager to control the noise level or shut down the event due to security concerns or hazazdous weather. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson: UNFINISHED BUSINESS None NEW BUSINESS None ANNOUNCEMENTS: Next regulaz Council meeting, July 7, 1997. Mayor Zaun adjourned the meeting at 8:25 p.m. Respectfully. submitted, es Gustafson, Deputy ity Clerk • Du a Zaun, Mayo