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HomeMy WebLinkAbout06-02-97 CITY OF LAKEVILLE COUNCIL MEETING JUNE 2, 1997 The meeting was called to order by Mayor Zaun at 7:00 p.m. 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; K. Nelson, City Engineer; M. Sobota, Community & Economic Development Director; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; D. Martens, Chief of Police; D. Volk, Director of Operations & Maintenance; J. Perron, Liquor Manager; J. Hennen, Administrative Assistant; C. Friedges, City Clerk. MINUTES The minutes of the May 19th regular Council meeting and the May 15th special Council meeting were approved as presented. STAFF ANNOUNCEMENTS Attorney: None Engineer: None Administrator: Mr. Erickson was not present. The City Clerk asked the Council to consider, under New Business, a resolution approving a gambling permit for the Lakeville Lions Club. Director of Operations & Maintenance: Mr. Volk presented the May Operations & Maintenance Department monthly report. PRESENTATIONS/INTRODUCTIONS The following individuals were recognized for community service: • Lee Bigler, (Dakota Chorus) • Robin Birkemose, (Camp Fire Boys and Girls) • Michelle Volk and Ann Cable, (Orchard Lake Elementary School 80th Anniversary) • Carrie Pelach, (Kids'n'Kinship Program) • Barb Meyer and Collette Wanless-Sobel, (Friends of the Library) CITY OF LAKEVILLE COUNCIL MEETING JUNE 2, 1997 PAGE 2 i • Larry Lulf, (Parks & Recreation Advisory Committee, Sno-Trackers, Snowmobile Task Force) • Vicky Quitschau, (DARTS Program) • Sandy Benolkin, (Community Action Council, Safe Exchange Center) Mayor Zaun presented an appreciation plaque to Richard F. Gephart, who donated the original 1901 fire hall bell to the Lakeville Fire Department in memory of his brother, Leonard J. Gephart. Ms. Rollie Brandt, a local artist who recently created paintings of local children enjoying the Pan-O-Prog Parade, presented her donation of a limited edition print to the City of Lakeville to be displayed at City Hall. Chief Martens presented a plaque to former Police Reserve Officer Rick Raschke in recognition of eight years of dedicated service to the Lakeville community. CITIZENS' COMMENTS None. • CONSENT AGENDA 97.102 Motion was made by Johnson, seconded by Holberg to approve the consent agenda items as follows: a. Claims for payment. b. Receive minutes of the following. advisory committee meetings: Planning Commission, May 22, 1997 Parks & Recreation Committee, May 21, 1997 Environmental Affairs Committee, May 20, 1997 c. Resolution No. 97-118 approving plans and specifications and setting a bid date for 205th Street trail, Improvement Project 96-8. d. Final payment for District 2A-Phase II Improvement Project 95-7. e. Change Order No. 4 with Bor-Son Construction, Inc. for the water treatment plant, Improvement Project 94-2. f. Resolution No. 97-119 receiving bids and awarding contract for utility and street construction in Kingswood Estates, Improvement Project 96-6. CITY OF LAKEVILLE COUNCIL MEETING JUNE 2, 1997 PAGE 3 g. Wetland Replacement Plan for Town Square. h. Receive 1996 Lakeville Convention and Visitors Bureau financial report. i. Final acceptance of street improvements in Cedar Highlands 5th Addition. j. Resolution No. 97-120 receiving bids and awarding contract for modifications and improvements to mechanical, electrical and lighting systems at the Streets and Parks Building and Utilities Building. k. Resolution No. 97-121 accepting the donation of a limited edition print from Rollie Brandt. I. Resolution No. 97-122 accepting donations from the Lakeville Women of Today and Lakeville Lakeside Lions Club to the DARE Program. m. Resolutions No. 97-123 and 97-124 accepting donations from the Lakeville Lions Club and Chemcentral to the Parks & Recreation Department. n. Resolution No. 97-125 approving a raffle permit for Chap Corporation for an event at United Building Center on June 30, 1997. o. Cigarette license for Kwik Trip #694, 16260 Kenrick Avenue... p. Resolution No. 97-126 authorizing placement of stop signs on 207th Street at Holt Avenue. q. Authorize use of City parks for Pan-O-Prog events. r. Agreement with Dakota County HRA for relocation services relevant to properties at 20845 Howland Avenue and 16639 Klamath Trail. s. Appoint Jim Robinette as the delegate to appoint a commissioner to the Black Dog Watershed Management Organization. Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. i CITY OF LAKEVILLE COUNCIL MEETING JUNE 2, 1997 PAGE 4 ITEM 8 Mayor Zaun opened the public hearing on the application of Great Plains Lodging II, LLC, for an on-sale and Sunday liquor license at Winslow's Steak, Pasta & Alehouse (formerly Towers Restaurant & Lounge), 20800 Kenrick Avenue. Mr. Todd Bornhauser requested approval of the license on behalf of Great Plains Lodging II, who is a co-applicant with JDS Holdings, Inc. Police Chief Martens reported that Great Plains Lodging II has finalized the purchase of the Super 8 Motel and adjoining lounge and restaurant from Aberdeen Real Estate Partnership, Inc. Because JDS Holdings leases the .restaurant and lounge from Great Plains Lodging, the City's ordinance requires that both be listed as co-applicants on the liquor license. Background checks were conducted, and property taxes are paid in full.. The Police Department recommends approval of the change in ownership on the current liquor license. Councilmember Sindt asked if the lounge serves alcoholic beverages to the hotel rooms. through room service. Chief Martens stated it does; however, • room service from the bar is not very common due to the high cost. He further stated that room service personnel must enforce the same laws that apply in the lounge with regard to serving alcohol to minors and obviously intoxicated persons. There were no questions or comments from the audience. 97.103 Motion was made by Johnson, seconded by Sindt to close the public hearing. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. 97.104 Motion was made by Holberg, seconded by Mulvihill to grant an on-sale and Sunday liquor license to Great Plains Lodging II, LLC (co-applicant with JDS Holdings, Inc.) for Winslow's Steak, Pasta & Alehouse, 20800 Kenrick Avenue. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Johnson, Zaun. CITY OF LAKEVILLE COUNCIL MEETING JUNE 2, 1997 PAGE 5 ITEM 9 Mayor Zaun opened the public hearing on the application of Kwik Trip, Inc. for an off-sale 3.2% malt liquor license for their new store located at 16260 Kenrick Avenue. Mr. Clint Hooppaw, Store Manager, requested approval of the license on behalf of Kwik Trip, Inc. Police Chief Martens reported that an extensive investigation was conducted on Kwik Trip, Inc. when they opened their store at 20187 Dodd Boulevard. He explained that the building is nearing completion, and a certificate of occupancy is expected to be issued within the next 30 days. The Police Department recommends approval of the 3.2 beer license, contingent upon the issuance of a certificate of occupancy for the store. There were no questions or comments from the audience. 97.105 Motion was made by Sindt, seconded by Johnson to close the public hearing. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Johnson, Zaun, • Sindt. 97.106 Motion was made by Johnson, seconded by Mulvihill to grant an off-sale. 3.2% malt liquor license to Kwik Trip, Inc., 16260 Kenrick Avenue, contingent upon issuance of a certificate of occupancy by the City's Building Inspection Department. Roll call was taken on the motion.. Ayes, Holberg, Johnson, Zaun, Sindt, Mulvihill ITEM 10 Lakeville Liquor Manager Judy Perron, John Bossardt of Bossardt Corporation (construction manager), and Gary Tushie of Tushie Montgomery Associates (architect), presented the proposed site plans, store plans and estimated construction budget for Liquor Store No. 4. The new store will be located in the northeast quadrant of I-35 and County Road 46, and is expected to be completed on or about December 15, 1997. The architect and construction manager recommended the City Council receive the bids that were opened on May 15, 1997, for structural steel and storefront entrances (Bid Package #1) and award the structural steel contract . to Daka Corporation in the amount of $41,400. Mr. Bossardt explained that CITY OF LAKEVILLE COUNCIL MEETING JUNE 2, 1997 PAGE 6 only two bids were received for store front entrances, both of which exceeded budget estimates. He recommended that the City Council reject the store front bids and re-bid them with Bid Package #2. Bid Package #2 contains plans and specifications for all other contracts. Those bids will be opened on June 24, 1997. Ms. Perron recommended Council approval of a Transmission Line Easement with Minnegasco releasing a blanket easement and establishing a 35-foot easement across the easterly portion of the property along the property line. Mr. Feller provided an overview of the project financing. The $1.64 million of project costs and approximately $350,000 of inventory are proposed to be financed with $1.4 million of Liquor Revenue Bonds and $600,000 from cash. on hand.. He explained that the City has historically relied on liquor store profits, (approximately $300,000 to $400,000 annually), to finance other City facilities such as police and fire station reconstruction, land fora library, park facilities, and a future city hall expansion. 97.107 Motion was made by Mulvihill, seconded by Johnson to approve Resolution No. 97-127 receiving bids and awarding. contract for Bid Package #1 and .rejecting bids for the store front entrances component of Bid Package. #1; Resolution No. 97-128 approving plans and specifications and authorizing advertisement for bids for Bid Package #2; and approve a Transmission Line Easement with Minnegasco for Liquor Store #4, Improvement Project 97-18. Roll call was taken on the motion. Ayes, Holberg, Johnson, Zaun, Sindt, Mulvihill ITEM 11 Mr. Sobota presented the application of Robert Jensen for the rezoning of property from R-A to R-2 to allow the administrative subdivision of one acre of property for the construction of a single family home. The parcel is proposed to be served with City sanitary sewer currently under construction in the Kenridge subdivision. A condition of the administrative subdivision will require the driveway off the interior street when the property to the west develops. The Planning Commission and staff recommend approval of the rezoning, assessment agreement for lateral sanitary sewer, storm sewer area charge, sewer connection charge and sanitary sewer area charge, and. a waiver of assessment appeal for Flagstaff Avenue. s CITY OF LAKEVILLE COUNCIL MEETING JUNE 2, 1997 PAGE 7 97.108 Motion was made by Johnson, seconded by Mulvihill to receive the Planning Commission's Findings of Fact and Recommendation and adopt Ordinance No. 602 rezoning property from R-A, single family-agricultural residential district, to R-2, single family residential district, and approve a Special Assessment Agreement and Waiver of Assessment Appeal with Robert C. and Bernice Jensen. Roll call was taken on the motion.. Ayes, Johnson, Zaun, Sindt, Mulvihill, Holberg. ITEM 12 Mr. Wally Potter requested Council approval of the preliminary and final plat of Garden Estates, which consists of three single family residential lots on the south side of 202nd Street, east of Kensington Way. Mr. Sobota explained that concurrently with the Garden Estates preliminary and final plat, City staff is processing. the vacation of portions of excess Glendive Avenue and Bayview Avenue rights-of-way as part of an agreement with Mr. Potter and other area property owners related to the 202nd Street improvement project.. Outlot A includes a wetland area lying adjacent to the Lake Marion drainage way. The. Potters have signed a deed conveying Outlot A to the City of Lakeville. The Planning Commission and staff recommend approval of the preliminary and final plat of Garden Estates and a resolution vacating portions of Glendive Avenue and Bayview Avenue rights-of-way. 97.109 Motion was made by Sindt, seconded by Mulvihill to approve Resolution No. 97-129 vacating portions of Glendive Avenue and Bayview Avenue street right-of--way and Resolution No. 97-130 approving the preliminary and final plat of Garden Estates. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Holberg, Johnson. ITEM 13 Mr. John Prins, representing Stonebriar Corporation, requested Council approval of the final plat of Interlachen Glen (formerly Highview Hills). Mr. Sobota presented the final plat of Interlachen Glen, which consists of 45 . single family lots on the west side of Highview Avenue at 168th Street. He CITY OF LAKEVILLE COUNCIL MEETING JUNE 2, 1997 PAGE 8 explained that the developer is also requesting approval of a cul-de-sac street length variance due to the proposed extension of Hudson Avenue from the Hypointe Crossing subdivision. A portion of the proposed Interlachen Boulevard extension in the Interlachen Glen final. plat is located within Messiah Lutheran Church Addition. That portion of property will need to be deeded to the developer by Messiah Lutheran Church representatives prior to the recording of the Interlachen Glen final plat. A small area of street, drainage and utility easement dedicated within Outlot A, Messiah Lutheran Church Addition, is located within the Interlachen Glen final plat boundaries and is proposed to be vacated. The Planning .Commission and staff recommend approval of the final plat, street, drainage, utility and watermain .easement vacations and a cul-de-sac street length variance. Councilmember Johnson asked where the trail system connects in this area. Mr. Sobota explained that the existing trail is located south of Interlachen Glen. Due to the wetland, it was not possible to make anorth-south connection. He pointed out, however, that :the proposed 72 foot right-of-way width on Interlachen Boulevard will allow the construction of sidewalks in the future if needed. • 97.110 Motion was made by Holberg, seconded by Mulvihill to .receive the Planning .Commission's Findings of Fact and Recommendation and approve Resolution No. 97-131 vacating a street, drainage and utility easement, Resolution No. 97-132 vacating a watermain easement, a variance for cul-de- sac .street length and Resolution No. 97-133 approving the final plat of Interlachen Glen. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Johnson, .Zaun. UNFINISHED BUSINESS None. NEW BUSINESS 97.111 Motion was made by Holberg, seconded by Mulvihill to approve Resolution No. 97-134 approving a gambling permit for the Lakeville Lions Club to hold a bingo event at the Lakeville VFW on July 10, 1997. Roll call was taken on the motion. Ayes, Mulvihill, Holberg, Johnson, Zaun, Sindt. • CITY OF LAKEVILLE COUNCIL MEETING JUNE 2, 1997 PAGE 9 97.112 Motion was made by Sindt, seconded by Johnson to set a Council work session for Tuesday, June 17th, at 7:00 a.m, Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Holberg, Johnson, Zaun. ANNOUNCEMENTS: Next regular Council meeting, June 16, 1997 Mayor Zaun adjourned the meeting at 8:30 p.m. Respectfully submitted, Charlene Frie ges, Ci Clerk S Duane Zaun, Mayo