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HomeMy WebLinkAbout06-05-95 • CITY OF LAKEVILLE COUNCIL MEETWG JUNE 5, 1995 The meeting was called to order at 7:00 p.m. by Mayor Zaun. Boy Scout Troop #235 presented the colors and lead the pledge of allegiance to the flag. Roll call was taken. Present: Councilmembers Johnson, Sindt, Mulvihill, Harvey and Mayor Zaun,. Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; K. Nelson, City Engineer; D. Feller, Finance Director; D. Volk, Director of Operations & Maintenance; J. Perron, Liquor Manager; M. Sobota, Community & Economic Development Director; J. Hennen, Administrative Assistant; D. Martens, Chief of Police; C. Friedges, City Clerk. .MINUTES The minutes of the May 15, 1995, City Council meeting were approved as presented. • STAFF ANNOUNCEMENTS Attorney: None Engineer: None Administrator: Mr. Erickson provided additional information for agenda item #10. Director of Operations 8~ Maintenance: Mr. Volk presented the May Operations& Maintenance Department Monthly Report. PRESENTATIONS/INTRODUCTIONS Mr: Dan Rogers, Pan-Q-frog President, highlighted some of the events scheduled for this year's Pan=O-Prog celebration, July 1-9, 1995. He provided Pan-O-Prog. buttons. to the City Council and staff. Mayor Zaun presented a plaque to Chris Steigerwalt in recognition of her service to the City of Lakeville on the Planning Commission:. • CITY OF LAKEUILLE COUNCIL MEETING JUNE 5, 1995 PAGE 2 • Police Chief Martens presented to the City Council the Outstanding Achievement Award, which was presented to the Lakeville Police Department by the Minnesota Traffic Safety Council for efforts in reducing motor vehicle accidents during 1994. Northern States Power Company representatives Steve Schmidt and Linda Lund presented a $5,000 grant to the City of .Lakeville for the creation of a GIS .data base to :assist in promoting development of Airlake Industrial Park. CITIZENS' COMMENTS None CONSENT AGENDA Councilmembers removed items 7o and 7s from the consent agenda Councilmembers added items 14 and 15 to the consent agenda. 95.113 Motion was made by Harvey, seconded by Sindt to approve the consent agenda items as follows: a Claims for payment. b. Receive minutes of the following advisory committee meetings: Planning Commission, May 18th Parks & Recreation Committee, May 17th .Environmental Affairs Committee and Waste Hauler's Subcommittee,. May 30th c. Resolution No. 95-110 receiving bids and awarding contract for trunk watermain, well collection pipe and sanitary sewer for the Dakota Heights water treatment plant, Improvement Project 94-12. d. .Resolution Na 95-111 approving final plans and specifications and setting-a bid-date for sanitary sewer, watermain and street improvements, 202nd Street in the Marion Heights area, Improvement Project 93-12. e. Change Order Na. 2 with Ryan Contracting, Inc. for Fairfield Business Campus, Improvement Project 91-1 D. f. Resolution No. 95-112 approving plans and specifications and setting a bid date for District 2A sealcoating, Improvement Project 94-8. • g. Resolution Na 95-113 approving plans and specifications and setting a bid date for 1995 overlay improvements, Improvement Project 95-3. CITY OF LAKEViLLE COUNCIL MEETING JUNE 5, 1995 PAGE 3 • h. Trunk sanitary sewer and trunk storm sewer oversizing credits for Country .Pond South 7th Addition. i. Supplement #3 to the existing Cooperation Agreement for the Dako#a County Community Development .Block Grant Program. j. Resolution No. 95-114 accepting donation from Lakeville VFW Post 21..0 to the DARE Program. k. Receive City of Lakeville Comprehensive Annual Financial Report for year ended .December 31, 1994. L Receive Lakeville Fire Relief Association 1994 Annual Financial Report. m. Receive Police Crime Fund and Holiday Fund 1994 Financial Report. n. Addendums to Polished Brass Cleaning Service and Osland Building ..Maintenance janitorial contracts. o. (Removed from consent agenda). p. Tax Increment Pledge Agreements for Fairfield Business Campus and Downtown Redevelopment. q. Amendment to Development Contract with New Morning Windows. r. Resolution No. 95-115 amending Fairfield Tax Increment Financing budget. s. (Removed from consent agenda). t. Farm Lease with Michael Streiff for City-owned property in Airlake .Industrial Park. u. Special home occupation permit extension for Robert Skara, 17299 Jonquil Avenue. v. Resolution No. 95-93 awarding contract for Liquor Store point of sale cash. registers. CITY OF LAKEVILLE COUNCIL MEETING JUNE 5,.1995 PAGE 4 w. Resolution No. 95-146 adopting position classification and pay plan for exempt and non-exempt positions and setting forth the policy for the administration of the. pay plan. x. Resolution No. 95-117 receiving bids and awarding contract for Fire Station No, 1 renovation. y. Labor.Agreement with Law Enforcement Labor Services, lnc., Employees' Union Local No. 477, Essential Employees, 1995-96, SergeantslLieutenants. z. Special assessment agreement with Richard & Patricia Sullivan, 10237- 210th Street W. aa: Special assessment agreement with Fellowship Bible Church,. 9623- 162nd Street W. bb. Resolution No. 95-1.48 approving gamblingpermit for Lakeville Jaycees, Lnc. cc. Resolution No. 95-119 authorizing temporary closing of City streets for Pan-O-frog events. dd. Resolution No, 95-120 accepting donation from Lakeville Women of Today to the DARE Program. ee. Resolution No. 95-121 accepting donation from Lakeville VFW to the Parks & Recreation Department. ff. Resolution No. 95-122 accepting donation from Northern States Power Company for economic development activities. gg. ALF Ambulance 1..996 proposed budget. hh. Resolution 'No. 95-123 amending the 1995 Liquor Fund Budget; and authorization to purchase security surveillance equipment from General Security Services Corporation in the amount of $11,658. 14. Resolution No. 95-125 vacating a drainage and ponding easement for the 1-35/County Road 46 interchange, Improvement Project 91-3. 15. Receive resignation of Environmental Affairs Committee member Tim Lundahl. CITY OF LAKEVILLE COUNCIL. MEETING ..JUNE 5, 1995 PAGE 5 Rol call was taken on the motion. Ayes,. Johnson, Zaun., Sindt, Mulvihill,. Harvey. 95.:114 Motion was made by Mulvihill, seconded by Harvey to table consideration of an addendum to Reisinger Lawn. Care landscape maintenance contract (item 70) and a resolution approving application for .conveyance of tax forfeited land and certification of classification of forfeited lands (item 7s). Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Johnson. ITEM 8 Chief Martens presented the request of Chart House Restaurant to allow the sale of alcoholic beverages and live entertainment outdoors on July 2, 1995, for its fourth annual Jamboree on the Lake. He reported that the Police Department has no objection to the request being granted. Mr. Frank Schoeben, Owner/General Manager of the. Chart House, provided a brief outline of the proposed activities. 95.115 Motion was made b .Johnson seconded b Mulvihill to rant an extension of Y ~ Y 9 the on-sale liquor and cabaret licenses for the Chart House Restaurant to allow the sale of alcoholic beverages and live entertainment outdoors on July 2, 1995. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson, Zaun. ITEM 9 Chief Martens presented the request of Babe's Sportsbar & Grill for an extension of their on-sale liquor and cabaret Licenses to allow the. sale of alcoholic' beverages and:live entertainment in the fenced-in parking iot on July 7, 8;and 9, 1995. He reported that the Police Department has no objection to the License extensions. being granted. He recommended,. however, that authority be given to the Chief of Police,. or his designee, to direct the event manager to turn .down the music, if necessary, or terminate any event due to security concerns or hazardous weather. Ms. Jackie Seurer, Event Manager, and Doug :Thompson, Pan-O-frog Board member, stated they are willing to cooperate and abide by the. City's guidelines. • CITY OF LAKEVILLE COUNCIL MEETING JUNE 5, 1995 PAGE 6 95.116 Motion was made by Harvey, seconded by Mulvihill to grant extension of the on-sale 1'rquor and cabaret licenses for Babe's Sportsbar & Grill to allow the sate of alcoholic'beverages and live entertainment in the fenced-in parking lot on July 7, 8 and 9, 1995, and authorize the Chief of Police, or his designee, to direct the event manager to turn down the music,. if necessary, or terminate any event due to security concerns or hazardous weather. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Johnson, Zaun, Sindt. ITEM 10 Mr. Mike Odens, representing Budget Oil Company, requested Council approval of a .conditional use permit amendment for the proposed expansion of the gasoline station located at 8333-210th Street West. Mr. Sobota presented the .proposed conditional use permit amendment, which includes the installation of additional pump islands, the construction. of a canopy, an easement over the existing sanitary sewer line, and a revision to the number of parking stalls and site layout. He stated staff has worked with i the property owners to provide shared access to the properties east and west of the site and reduce two driveways from CSAH 50 as a part of the design for the proposed road improvement project. This action will also clarify the legal description for the parcels, with the combination of the three parcels into one .parcel. Additional blacktop will be installed at the rear of the building for employee parking. The Planning Cornmission held a public hearing on the conditional use permit .amendment and unanimously recommended approval Staff recommends approval. subject to six stipulations and the Lot Combination and Special Assessment Agreement. Mr. Sobota explained that staff received a letter today from the Minnesota Pollution- Control Agency (PCA) regarding removal of .the fuel tanks that were there previously. He stated the property owner and Budget Mart-are cooperating with the PCA, and staff'feels that they will meet. the PCA's requirements and address. any issues prior to occupancy.. Councilmember Sindt asked about the condition of the .tanks that were removed and if the new tanks will be placed in the same location. Mr. Mike. Wheelock of Budget Oil Company stated the tanks that were removed were 1973 steel tanks. He stated the new tanks w l be placed just south of where the old tanks were located. CITY OF LAKEVILLE COUNCIL MEETING JUNE 5, 1995 PAGE 7 • Councilmember Sindt asked if Budget Oil Company plans to resurface the parking lot. Mr. Odens statedthat Budget Oil Company. is working with the property owners. in an .effort to get the parking lot seal coated. 95.117 Motion was made by Mulvihill, seconded by Harvey to receive the Planning Commission's findings of Fact and Recommendation and approve a conditional. use permit amendment for Budget Oit Company to allow the expansion of gasoline sales at 8333 210th Street West. Ro11 call was taken on the motion: Ayes, Harvey, Johnson, Zaun, Sindt, Mulvihi#L 95.118 Motion was made by Harvey, seconded by Mulvihill to approve a Lot Combination and Special Assessment Agreement with Lakeville Highview Investments. Rolf call was taken on the motion. -Ayes, .Johnson, Zaun, Sindt, Mulvihill, Harvey. ITEM 11 Mr. Joel Cooper of James R. Hill Associates and Mr. Dale Pexa requested Council approval of the. Pexa property concept plan for the development of 21 single family lots ocated south. of 205th Street and east of Kenrick Avenue. Mr. Morey explained that the development of the Pexa .property concept plan involves the extension of a street to be constructed with Phase 3 of the Lakeview Estates subdivision. The extension of this street as a cul-de-sac in the Pexa property concept plan will require a variance to exceed 500 feet in length.. He pointed out that the Pexa property concept plan must meet the zoning and subdivision ordinance requirements in effect at the time of submittal, and a comprehensive plan amendment to a low. density residential Land use wilt be required with the final plat. The Planning Commission and staff have reviewed the Pexa property concept plan. and recommend approval. Councilmember Harvey asked how the developer plans to deaf with the lots which. will require fill under footings. Mr. Cooper stated they are likely#o allow these lots to go through afreeze-thaw cycle prior to building. on them. .Mayor Zaun asked about the Stewart property concept plan that was submitted for this area several years ago.. Mr. Morey Indicated that staff feels this portion • of the property for single family use is a good fit with the surrounding development and natural environment. CITY (?F L'AKEVILLE COUNCIL MEETING JUNE 5, 4995 PAGE 8 Mr. Erickson further stated that staff recently met with representatives of the Stewart property to discuss the proposed transition from single family residential to commercial which is, for the most part, in keeping with the original concept plan. It is felt that both the Pexa and Stewart property uses are compatible with each other. 95.119 Motion was made by Johnson, seconded by Harvey to approve`the Pexa property concept plan for 21 single family residential lots located south of 205th Street and east of I<enrick Avenue. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey, Johnson. ITEM 12 Ms. Teresa Heglund of Pioneer Engineering,.representing the developer, Mr. Nedal Abul-Hajj, requested Council approval of the preliminary and final plat of Orchard Hills 1st Addition, which consists of eight single family residential lots on the west side of Judicial Road at 168th Street. Mr. Morey explained that the developer is also requesting approval of a variance to allow a cul-de-sac street with a length of 669 feet. He stated staff supports the variance for cui-de-sac street length given the environmental sensitivity of the area. Mr. Morey went on to state that Mr. Abul-Hajj, owner of the land,``has a purchase agreement with .Paramount Structures,. Inc. and P.L. Dorn Gornpany, Inc. fior the sale. of the plat#ed lots. AN three parties have.- signed the development contract. The Planning Commission and staff recommend approval of the preliminary and final .plat of Orchard Hills 1st Addition and a variance for cul-de-sac street length. Counci{member Johnson asked if the longer cul-de-sac length causes problems with snow plowing.. Mr. Volk stated it does not. Councilmember Sindt asked about the reduction in the cul-de=sac street width to 28 #eet and whether on-street parking will be allowed. Mr. Morey stated the subdivision ordinance allows a reduction in street width in environmental y sensitive areas. Mr. Nelson indicated that with only eight homes on this cul- de-sac and the extra width of the lots, staff does not feel there will be a problem with parking. CITY 4F LAKEVILLE COUNCIL MEETING JUNE 5, 1995 PAGE 9 Councilmember Harvey asked' about the exact design and size of the proposed retaining walls on Lots 1, 2, 6 and. 7, and whether possible failure of the retaining walls will affect the footings of the homes. Ms. Heglund and City staff explained that the size of the retaining walls will be at the discretion of the home owners/builders, who will determine how much of the back yard they want to preserve. Each retaining wall will be designed to fit the design of each custom house plan. It was explained that the retaining walls are not necessary for the construction. of the homes, but rather for the preservation of the trees, with the exception of possibly Lots 1 and 2, which will -have the most extensive walls due to the amount of fill required. It was pointed out that the retaining walls must. be designed by a certified soils or structural. engineer.. Construction of the retaining walls must be inspected by a third party that is certified for this type of inspection prior to the .issuance of a building permit for the house. It was also pointed out that Mr. Abul-Hajj has found a sing a builder for this. development. Councilmember Harvey asked if fill will be required under any of the footings. Mr. Nelson stated. there may be up to six. feet of fill on Lots 1 and 2. Councilmember Harvey recommended that Lots 4 and 2 go through afreeze- thaw cycle prior to a building permit being granted. Mr. Ronald Santanni of Paramount Structures, (executive home builder), challenged Councilmember Harvey's request, stating that in .his opinion and based on past experience, there should be no problem with settling if soils are tested after compaction and test results meet the compac#ablity requirements. 95.120 Motion was made by Johnson, seconded by Mulvihill to approve Resolution No. 95-124 approving the preliminary and final plat of Orchard Hills 1st Addition, receive the. Planning Commission's. Findings of Fact and Recommendation, and grant a variance to allow the construction of a cul-de- sac street with a length greater than 500 feet. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Johnson, Zaun. Nay, Harvey. Councilmember Harvey stated he wants to see Lots 1 and 2 go through afreeze-thaw cycle before :homes are built on them. ITEM 13 Mr. Gary Tushie, representing Ann. Proudfoot, requested Council approval of a conditional' use permit and variance to allow the construction of Dance Works • Performing Art$ Center in the northwest corner of Icenic Trail and Dodd Boulevard. CITY OF LAKEVILLE COUNCIL MEETING JUNE 5, 1995 PAGE 10 • Mr. Morey explained that approval of the conditional use permit would allow the construction of the. dance studio in a B-1,_Limited Neighborhood Business District. Approval of the variance would allow a driveway access set back less than 40 feet from the intersection of Icenic Trail and Dodd Boulevard. He pointed out that Ms. Proudfoot is dedicating an additional five feet of right-of- way for the future .expansion of Dodd. Boulevard. Mr. Morey-:went onto state that two driveway accesses on#o Icenic Trail are proposed, because the- majority of the site circulation is drop-off traffic. The west .driveway access is 22 feet-wide and is designed fortwo-way traffic, while the east access is 16 feet wide and designed for one-way "enter only" traffic. Landscaping., consisting of eight foot tall spruce trees, will be planted along the north side of the site to provide a screen for the adjacent townhouses. Thirty parking spaces, including two handicapped spaces, will. be provided. A wall .sign is-proposed for the east side of the building. The Planning Commission and City staff recommend approval of the conditional use permit and variance. Councilmember Harvey raised a concern regarding the eastern driveway- being within 13 feet of the Dodd Boulevard right-of-way. Mr. Nelson stated that based on his staff's calculations, if Dodd :Boulevard were widened to a four lane divided. roadway with turn lanes, it would be about 30 feet from the. apron of the curb,. which is a good radius for traffic. Mr. Erickson stated that to assure clear site distance, the Planning Commission recommended no parking be allowed in front of the dance studio. Ms. Proudfoot asked if there will be any assessments to her property for future improvements to Dodd Boulevard. Mr. Erickson stated the City is not asking for an escrow at this time for future improvements to Dodd Boulevard. However, in the long term (5-10 years), #here is a possibility that Dodd Boulevard wil be widened, depending upon Dakota County's capital improvement plan. 95.121 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 and variance to allow the construction of Dance Works Performing Arts Center in the northwest corner of icenic Trail and Dodd Boulevard, subject to the conditions as recommended by the Planning Commission. Roll. call was taken on the motion.. Ayes, Mulvihill, Harvey, Johnson, Zaun, • Sindt. CITY OF LAKEVILLE COUNCIL MEETING JUNE. S, 1995 PAGE 11 • ITEM 17 95.122 Motion was made by Mulvihill, seconded by Sndt to set a Council work session for Tuesday, June 27, 1995, at 7:00 p.m. .Roll call was. taken on the .motion. Ayes, Harvey, Johnson, Zaun, Sindt, Mulvihill 95.123 Motion was made by Sndt, seconded by Mulvihill to authorize staff to advertise the vacancies on the Planning Commission and Environmental Affairs Committee. Roll'call was taken on the motion.,Ayes, Johnson, Zaun, Sindt, Mulvihill, Harvey Mayor Zaun adjourned the meeting at 9:00 p.m. Respectfully submitted, ~ ra Charlene Friedges, ity Clerk Du ne Zaun, Mayor