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Home My WebLink About03-20-95 CITY OF LAKEVILLE COUNCIL MEETING MARCH 20, 1995 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 Sindt, Mulvihill, Harvey and Mayor Zaun. Absent: Councilmember Johnson. Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; K. Nelson, City Engineer; M. Sobota, Community & Economic Development Director; S. Michaud, Parks & Recreation Director; D. Feller, Finance Director; D. Martens, Chief of Police; D. Morey, City Planner;. C. Friedges, City Clerk. MINUTES The minutes of the'March 6, 1995, City Council meeting were approved as presented. STAFF ANNOUNCEMENTS Attorney: None. Engineer: None. Administrator: Mr. Erickson requested an executive session of the City Council following the regular Council meeting to discuss collective bargaining for the Police Department Lieutenant/Sergeant contract. Mr. Erickson provided additional information to the City Council for agenda item No. 9, .involving a street name correction from Glenwood Avenue to Glacier Avenue. Parks ~ Recreation Director: Mr. Michaud presented the February Parks & Recreation Department monthly report. Chief of Police: Chief Martens presented the February Police Department monthly report. PRESENTATIONS/INTRODUCTIONS CITY OF LAKEVILLE COUNCIL MEETING MARCH 20, 1995 PAGE 2 Chief Martens introduced- Dawn Erickson and Lana Rains, permanent part-time secretary/receptionists, who recently joined the administrative staff of the Police Department. Mayor Zaun read a proclamation recognizing the 75th Anniversary of the founding of the League of-Women Voters. Councilmember Sindt accepted the proclamation on behalf of the League of Women Voters. 95.36 Motion was-made by Sind#, seconded by Harvey to authorize the Mayor's signature on a proclamation recognizing the 75th anniversary of the founding of the League of Women Voters. Ro1t call was taken on the motion. Ayes, Zaun, Sindt, .Mulvihill, Harvey. Mr. Michaud introduced John Wilhelm and Doug Tate of the Lakeville Soccer Club, who presented a check in the amount of $500 to the City of Lakeville. Mr. Tate, First Vice President of the Lakeville Soccer`Club, thanked the City Council and the Parks & Recreation Department for their continued support. CITIZENS' COMMENTS None. CONSENT AGENDA Councilmembers added Item #11 to the consent agenda 95.37 Motion was made by Harvey, seconded by Sindt to approve the consent agenda items as follows: a. Claims for payment. b. Receive February Investment.Report. c. Receive minutes of he following advisory committee meetings: • Cable TV Board, February 28th • Environmental Affairs Committee, February 28th • Economic Development Commission, February 28th • Parks & Recreation Advisory Committee, March 1st • Planning Commission,. March 2nd d. Resolution No. 95-47 approving municipal plan and Resolution No. 95-48 restricting parking on County Road 46 from CSAH 5 to Jewel Avenue, Improvement Project 91-3. CITY OF LAKEVILLE COUNCIL MEETING MARCH 20, 1995 PAGE 3 e. Resolution No. 95-49- approving. Apple Valley's Major. Comprehensive Sanitary Sewer Plan Amendment for the Central Trunk Interceptor, Improvement Project 94-17. f. .Easement Agreement with Walter and .Claudette King, 18375 Dodd Boulevard. g. Change Order No. 1 to Keys Well Drilling Company and Change Order No. 2 to NewMech Companies, Inc. for Well and Pumphouse No. 10, Improvement Projects 94-9A and 94-9B. h. Receive bids for utility and street improvements in Fairfield`Business Campus, Improvement Project 91-10. i. Resolution No. 95-50 authorizing. the Department of Public Works to place weight restrictions on City streets. j. Resolution No. 95-51 requesting the Minnesota Department of Transportation to conduct a speed zone study on 205th Street. k. Ordinance No. 545 amendin Title 9 ha ter 1 of th akeville it g ,C p eL C y Code by adopting the 1995 State Building Code. L .Agreements with Barton-Aschman Associates and Richard Schwarz Architects, Inc. for planning, design specifications and construction services assistance associated with several bond referendum and park dedication fund projects. m. Resolution No. 95-52 accepting donation from the Lakeville Jaycees. n. Resolution No. 95-53 accepting donation from the Lakeville Soccer Club. o. Authorization to proceed with construction of a concession stand and the installation of various windows and doors at Lakeville Ames Arena p. Resolution No. 95-54 setting.water and sewer rates. q. Agreement with Sarah Meacham, Meals on Wheels Coordinator. r. Resolution No. 95-55 accepting donation from First. National Bank- Lakeville. CITY OF LAKEVILLE COUNCIL MEETING MARCH 20,.1995 PAGE 4 s. Lease Agreement with Tri-State Equipment Company for City-owned equipment. t. Resolution No. 95-56 approving gambling permit for the Burnsville Chapter of Ducks Unlimited for a raffle at Brackett's Crossing Country Club. 11. Approve purchase of State surplus property from the Minnesota Department of Transportation- for storm pond purposes. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Zaun. ITEM 8 Mr. Morey presented the conditional use permit for Trinity Evangelical Free Church, which was tabled by the City Council at its March 6th meeting. He explained that the conditional use permit was tabled. to allow the adjoining property owners (the Holloways) time to meet with church representatives regarding the parking lot expansion plans. An agreement between church officials and the Holloways has been reached as follows: i 1. Church. representatives will sign a private scenic and drainage easement agreement prepared by James Sheldon, attorney for the Holloways. The proposed easement is located over the north 25 feet of the east 230 feet of the church's west,parcel, which is directly north of the .proposed parking expansion area, 2. Church representatives will provide the dirt for a berm to be installed within the easement area bythe Holloway's landscape contractor. The Holloways will also provide and install additional landscaping on the berm according to the plan developed by their landscape architect, Eldon Hugelen. 3. Church representatives will provide the 13 six-foot tall Black. HiIIs Spruce trees to be installed on the north side of the parking expansion area by the Holloway's landscape contractor. Mr. Morey stated staff recommends approval of the conditional use permit subject. to 11 stipulations. Stipulation D has been modified to read, "The parking lot expansion shall be developed as shown on the approved parking lot expansion plan dated March 1, 1995. Stipulation H has been modified to reflect the agreement between the church and the Holloways as outlined above. ` . CITY OF LAKEVILLE COUNCIL MEETING MARCH 20, 1995 i PAGE 5 Councilmember Sindt asked about potential drainage problems as a result of the expanded parking area. Mr. Morey explainedthat a catch basin will be installed. According to a church representative, Mr. Rypkema, the catch basin will take. care of most of the storm water in the area 95.38 Motion was made-by Harvey, seconded by Mulvihill to receive the Planning Commission's Findings of Fact and Recommendation and approve the conditional use permi# for Trinity Evangelical Free Church to allow the construction of an off-site parking area on land located in the northwest. corner of Kenwood Trail and Klamath Trail, with amendments.. to Stipulations D and H as outlined by Mr. Morey. Mr. Jim Bergerson, 16508 Kingsley Court, asked for the name of the City staff member who will be responsible for making sure that the. church will be responsible for clean-up of all construction debris, protection of the trees, care of the parsonage yard as defined by City ordinance and compliance with the_ requirements of the conditional use permit. Mr. Sobota stated he will be responsible for making sure that all conditions are ® met. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Zaun, Sindt. ITEM 9 Dr. John Petran, owner of the Apple-Lake Veterinary Clinic presently located at 16570 Cedar Avenue, requested approval of a .conditional use permit to construct a new 3,000 square foot free-standing building at the northwest cornea of 161st Street West and Glacier Avenue. Mr. Sobota stated the property, which is located just southeast of the County Road 46 and Cedar Avenue intersection, is zoned B-4, General Business District,-which :allows veterinary .clinics by conditional .use permit. An administrative subdivision will be required to create the new veterinary .clinic parcel Staff will approve the administrative subdivision in conjunction with the conditional use permit. The Planning Commission held a public hearing on the conditional use permit request and unanimously recommended approval subject to nine stipulations.. Mr. Sobota explained that the Dakota. Plaza .plat, approved: and recorded with Dakota County in 1983, identified the north/south running street abutting the Petran parcel as Glenwood Avenue. Since that time, as part of the County's CITY OF LAKEVILLE COUNCIL MEETING MARCH 20, 1995 PAGE 6 • Uniform Street Name System, the street has been. renamed Glacier Avenue. All references to Glenwood Avenue in this conditional use permit request have been replaced with Glacier Avenue. In response to Council. concerns, Mr. Sobota explained that while the legal notice: for this planning action referenced Glenwood Avenue instead of Glacier Avenue, it also contained the legal description of the property, which was correct. 95.39 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 for Dr. John Petran to allow a veterinary clinic to be located at the northwest corner of 181st Street West and Glacier Avenue. Roll call was taken on the motion. Ayes, Harvey, Zaun, Sindt, Mulvihill ITEM 10 Mr. John Friedges requested Council approval of the final plat of Country Creek Estates. Mr. Morey presented the planning report for Country Creek Estates, which consists of 39 single family residential lots located west of Dodd Boulevard and south of 202nd Street. Country Creek Estates .represents the first of two development phases of the Country Creek Estates preliminary plat. The final plat has been revised to include an additional lot in Block 5 as part of an agreement between the developer and City on the sale of land to the City for the storm water retention pond proposed within Outlot B. The developer has submitted a cash escrow for the future upgrade of Dodd Boulevard, trail dedication, and the cost for traffic control sign installation and street light operation. Staff recommends approval of the final plat. Mayor Zaun asked. if the Cenex property owners have been contacted. Mr. Morey: stated the one issue with the Cenex property, which involves setbacks from the fuel storage tanks, was addressed as part of the preliminary plat stipulations. 95.40 Motion was made by Harvey, seconded by Mulvihii( to approve Resolution No. 95-57 approving. the final plat of Country Creek Estates (phase one). Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey. • UNFINISHED BUSINESS . 1• 1 CITY OF LAKEVtLLE COUNCIL MEETING MARCH 20, 1995 PAGE 7 Councilmember Harvey asked his fellow Councilmembers to consider adoption of a resolution requesting that Local Government Aid (LGA) be terminated statewide, in a phased, planned manner over the next five years, recognizing the significant revenue problems being experienced by the State of Minnesota. 95.41 Motion was made by Harvey, seconded by Mulvihill to direct staff to prepare a draft.resolution for consideration by the City Council at the next regular meeting, incorporating any additional .wording as recommended by the Councilmembers and staff. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Zaun. NEW BUSINESS None. ANNOUNCEMENTS: .Next regular Council meeting, April 3, 1995 Council work session, March 29, 1995 Mayor Zaun adjourned the meeting at 8:00 p.m. Respectfully submitted, ~ ~1 'p Charlene Frie ges, ity Clerk Duane Zaun, a or