HomeMy WebLinkAbout02-06-95
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CITY OF LAKEVILLE COUNCIL MEETING.
FEBRUARY 6, 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 Johnson, Sindt, Mulvihill, Harvey
and Mayor Zaun.
Also present: R. Erickson, City Administrator; R. Knutson, City Attorney; K.
Nelson, City Engineer; M. Sobota, Community & Economic Development
.Director; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; F.
Dempsey, Associate Planner; D. Volk, Director of Operations & Maintenance; C.
Friedges, City Clerk.
MINUTES
The minutes of the January 17, 1995, City Council meeting were approved as
presented.
STAFF ANNOUNCEMENTS
Attorney: Mr. Knutson requested an executive session of the City Council at
the close of this evening's meeting to discuss pending litigation.
.Engineer: None.
Administrator: None.
Director of Operations ~ Maintenance: Mr. Volk presented the January, 1995,
monthly report of the Operations & Maintenance Department.
PRESENTATIONS/INTRODUCTIONS
Mr. John Laux, former Minneapolis Police Chief, provided some remarks about
David Martens, who worked for Mr. Laux at the Minneapolis Police Department
and was recently appointed Lakeville Chief of Police. Mayor Zaun administered
the oath of office to Chief Martens.
Chief Building Official Dave Krings introduced Robert Hutchins, who recently
passed the International Conference of Building Officials (JCBO) Plans Examiner
Certification test. Mr. Hutchins is the first inspector in the City's Inspection
Department to obtain this certification.
CITY OF LAKEVILLE COUNCIL MEETING
FEBRUARY 6, 1995
PAGE 2
CITIZENS' COMMENTS
Mr. Mike Peterson, 16072 Fairgreen Avenue, raised concerns regarding the
County Road 46 improvement. project, between Cedar Avenue and Pilot Knob
Road, and its potential adverse affect. on the adjacent neighborhoods. He asked
that consideration be given to posting a 45 mph speed limit to reduce noise and
to constructing left and right turn lanes, as well as stoplights at most, if not all, of
the intersections. (fetter from Mr. Peterson on file in the City Clerk's office.)
The matter was referred to City staff.
CQNSENT AGENDA
95.8 Motion was .made by Harvey, seconded by Mulvihill.. to approve the consent
agenda items as follows:
a. Claims for payment.
b. Receive minutes of the following advisory committee meetings:
• Planning Commission, January 19th
• Parks & Recreation Committee, January 18th
• Cable TV Board, January 24th
• Economic Development Commission, January 24th
• Environmental Affairs Committee, January 31st
c. Amended applications for grant money to assist with the purchase of
cardboard balers.
d. Final acceptance of utility and street improvements, -Royal woods .4th
Addition.
e. Application for a tree planting grant from the State of Minnesota, Small
Business Administration.
f. City of Lakeville Purchasing Policies dated February 1, 1995.
g. Resolution No. 95-10 accepting a donation. from Robert & Shelley Erickson;
Resolution No. 95-11 accepting a donation from .Marquette Bank Lakeville;
and Resolution No. 95-12 accepting a donation from Arden International
Kitchens.
h. Resolution No. 95-13 vacating an existing conservation easement in Creek
View Estates.
CITY OF LAKEVILLE COUNCIL MEETING
FEBRUARY 6, 1995
PAGE 3
i. Resolution No. 95-14 approving specifications and setting a bid date for two
rotary mowers.
j. Resolution No. 95-15 accepting donation of a wheelchair from Steve and Gail
Peterson.
k. Authorize staff to submit :preliminary applications for a variety of :State and
Federal grants for the purpose of acquiring matching funds for both
development and acquisition projects associated with upcoming bond
referendum projects.
I. Resolution No. 95-16 authorizing condemnation of property for park
purposes.
m. Authorize City Attorney to acquire the Schinke property on Juno Trail.
n. Confirm the election of Danny Barth as Assistant Fire Chief.
o. Resolution No. 95-17 adopting pay schedule for Fire Department officers.
p. Resolution No. 95-18 adopting E-Mail policy.
q. Resolution No. 95-19 approving City stop sign placement inventory.
r. Resolution No. 95-20 accepting donation to the Parks & Recreation
Department from Victor Dourte.
s. Resolution No. 95-21 approving a raffle permit for All Saints Parish.
t. Approve 1995 billboard licenses for Naegele Outdoor Advertising Company,
Schubert Outdoor Advertising Company and 3M-Media (National Advertising
Company).
u. Final acceptance of utility and street improvements, Rolling Oaks South Plat
Six.
v. Final payment and acceptance of improvements, District 7 and Highview
Avenue .pavement construction and overlay, Improvement Project 93-10.
w. Resolution No. 95-22 approving final .plans and specifications and setting a
bid date for utility and street construction, Fairfield Business Campus,
Improvement Project 91-10.
CITY OF LAKEVILLE COUNCIL MEETING
FEBRUARY 6, 1995
PAGE 4
x. Final acceptance of utility and street improvements, Lake Marion Estates 2nd
Addition.
y. Final payment and acceptance of drainage channel clean-out improvements,
Improvement Project 92-13.
z. Tree service operator .license for Outdoor Specialties, Inca
aa. Service maintenance contract with South-Town Refrigeration, Inc., for Liquor
Stores 1, 2 and 3.
Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill,
Harvey.
ITEM 8
Finance Director Dennis Feller explained that in a 1992 Memorandum of
Understanding, the City of Lakeville, .Lakeville HRA, ISD 194, the Lakeville
Hockey Association (LHA) and Lakeville Community Corporation (LCC) jointly
agreed to finance and construct an ice arena in Lakeville. As part of that
understanding, the Lakeville Hockey Association is required to remit to the City
of Lakeville $70,000 per year, plus 90% of its pull-tab revenue in excess of
$70,000 per year, for repayment of the debt on the Ice Arena Lease Revenue
Bonds. For fiscal year 1994, the Lakeville Hockey Association netted $105,654,
of which $101,516 was paid to the City of Lakeville. Mr. Feller introduced LHA
President Rick Dale and Gambling Manager Marsha Hanson, who presented the
City Council with a symbolic check in the amount of $101,516. Ms. Hanson
expressed appreciation to the three establishments who assist in the LHA pull-
tab operation, Ole Piper Inn, Red Fox Inn and Towers Restaurant & Lounge.
ITEM 9
Parks & Recreation Director Steve Michaud introduced Gene and Mary
Hokenson, liaisons for .the Southern Cruzers Car Club,. who are requesting
Council authorization to conduct a classic car show at Antlers Park during the
1995 Panorama of Progress celebration. The Hokenson's outlined the specifics
of the event, stating it will be very .similar to the car show held at Antlers Park in
4994.
Councilmember Johnson asked about potential liability on the part of the City.
Staff indicated that the City and Pan-O-Prog have ample insurance coverage.
CITY OF LAKEVILLE COUNCIL MEETING
FEBRUARY 6, 1995
PAGE 5
95.9 Motion was made by Mulvihill, seconded by Johnson to grant approval to the
Southern Cruzers Car Club to conduct a classic car show at Antlers Park during
the 1995 Panorama of Progress. celebration.
Roll call .was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey,
Johnson.
-Mayor Zaun recessed the meeting at 7:40 p.m. and reconvened at 7:50 p.m.
ITEM 10
95.10 Motion was made by Harvey, seconded by Mulvihill to acknowledge receipt of
letters from the following individuals expressing opposition to the construction of
a City water tower in North Park: David S. & Tanya M. Womeldorf, Ed Burek,
Greg Gunderson,. Mark J. & Tracy A. Buckman, Maitland R. Edwards, Gary R.
Carlson, Susan. Carlson, Dennis & Cheryl Bernhardt, Pam Hutchins, Laurie
Giesenhagen, Diane Frederickson, Laura Thompson, Dan & Linda Anderson,
David & Diana Simonpietri, John Vogt, Michael A. & Lisa A. Green, Laurie &
Greg Gunderson and Andrea Simonpietri.
Roll call was taken on the motion.. Ayes, Sindt, Mulvihill, Harvey, Johnson,
Zaun.
Community & Economic Development Director, Michael Sobota, presented the
application of the City of Lakeville for a conditional use permit to allow the
construction of a City water tower in an R-2, single family residential district, in
the parking lot at North Park. He explained that the 1993 Comprehensive Water
Plan update and supplemental reports have addressed the need for an increase
in water storage capacity and pressure, particularly in the Dakota Heights
service area. Studies .were. done on several potential locations for the water
tower. Four sites were studied in detail Site #3, which is located in the North
Park parking lot, was recommended by the Planning Commission, Parks &
Recreation Advisory Committee and City staff. Site #3 provides the necessary
ground elevation for the water tower, and also provides the least shadow impact
on existing. or future homes.. The water tower would be located between 600 and
700 feet from the back yards of the nearest homes on the south boundary of
North Park.
Mr. Sobota explained that a neighborhood meeting was held on January 5th to
review the projecf with interested neighbors to the proposed water tower project.
Seventy property owners within 350 feet of North Park. were invited to attend the
meeting. Four principal issues were raised by the six residents who attended
the neighborhood meeting. 1) The need for a new .water tower; 2) possible
CITY OF LAKEVILLE COUNCIL MEETING
FEBRUARY 6, 1995
PAGE 6
.alternative locations; 3) possible impact on property values; 4) appropriateness
of the water tower within the boundaries of North Park.
As a result of the neighborhood meeting, staff directed the City's engineering
consultant to prepare a detailed analysis of the proposed sites. (A copy of the
report-prepared by-Short, Elliot,-Hendrickson, dated January 13, 1995, is on file
in ahe .City .Clerk's office.) Mr. Sobota stated the P arming Commission held a
public :.hearing on the conditional use permit application and unanimously
recommended approval, subject to additional landscape screening being
provided along the south boundary of North Park by extending the existing triple
row of spruce trees from east to west. In addition, the Planning Commission
recommended planting a minimum of ten 20-foot high spruce trees around .the
base of the water tower.
Through its Findings of Fact and Recommendation, the Planning Commission
has determined the proposed use: a) is consistent with the City's
Comprehensive Plan; b) is compatible with future land uses of the area; c) will
conform with all performance standards contained in the Zoning Ordinance; d)
will not tend to or actually .depreciate the area in which it is proposed; e) can be
accommodated with existing public services and will not overburden the City's
service capacity; and f) is within the capabilities of streets serving the property.
City Engineer Keith Nelson explained that the City's Comprehensive Water Plan
Update (on file in the .City Clerk's ofi'ice) has. identified.. the need for additional
water storage capacity in ahe. Dakota Heights service area, particularly at peak
periods (6-8 a.m. and 6-9:30 p.m.). He explained that elevated tanks must be
strategically located within the City, taking into consideration soil. conditions,
ground elevation, the most efficient use of existing trunk water mains and
distribution systems, balance in operation with the City's other four water towers,
and, from a planning standpoint, shadow impacts on existing and future homes.
He explained that the site originally identified as part of the Comprehensive
Water Plane Update, which is within the now proposed Boulders Development
(165th & Ipava), would have adverse-shadow impacts, poor soil conditions due
to sloping terrain and the need for retaining walls, and a significant impact on the
naturaF environment, .including.removal of 31 specimen oak trees.
Mr. Nelson explained that other sites had been considered in addition to the five
sites identified at the January 19th Planning Commission meeting (minutes on
file in the .City Clerk's office). They are 1) Hosanna Lutheran Church site; 2)
175th & Ipava .Avenue; 3) Highview Avenue and the future 165th Street; and 4)
Highview Avenue and 175th Street. All sites cast significant shadows and/or
require an increase in height of up to 230 feet. Mr. Nelson pointed ouf ahat the
tallest known water tower in the Metropolitan. area is 190 feet, located in the City
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CITY OF LAKEVILLE COUNCIL MEETING
FEBRUARY 6, 1995
PAGE 7
of Inver Grove Heights. Constructing a water tower any taller than 200 feet,. in
his opinion, would not be desirable.
Mr. Nelson identified the reasons why the water tower should be .placed in North
Park. He explained that with no tank construction at 'either North Park or the
water treatment plant site, the pressure in North Park during peak hours would
drop to 23 psi with the water treatment plant pumping at a rate of 19,000 gallons
per minute (gpm), which is he calculated pumping rate: used in the City's
Comprehensive Water Plan. If an elevated #ank is constructed in North Park as
proposed, and the water treatment plant remained pumping at 19,000 gpm, the
pressure at North Park would be 59 psi. By moving the water tower to the water
treatment plant site, the pressure at North Park would drop to 42 psi. He stated
the City has experienced complaints from residents with pressures. in the low 40
psi range.
Parks & Recreation Director Steve Michaud stated the following land use groups
surrounding North Park have been. contacted regarding the potential impact a
water tower on Site #3 in North Park would have on their activities. The
response was as follows: Crystal Lake Golf Course, no affect on their
operation or play; Land of Amazement Volunteer Committee, no impact on the
use of the facility or its original intent; Lakeville Soccer Club, no impact on their
use of the park, since actual play area is not being lost,
Mr. Don Hensel, 16709 Innsbrook Drive, spoke on behalf of a citizen group
called, "Lakeville Citizens. for Preservation of our Parks", who circulated a
petition throughout the community in opposition to the construction of a water
tower in North Park. He stated he spoke with civil engineers, Mr. Dave Maroni of
Community Partners in Northiaeld and Mr. Tom Roushar, .head of the Water
Division at MSA Consulting in St. Paul. Mr. Henselstated that these engineers
.feel the North Park site is an inappropriate site for a water tower.. Mr. Hensel
stated one of these particular engineers told .him of a similar situation in a local
community where a water tower site plan was modified 14 times. In the end, the
water tower was placed on the side of a hill where trees were cleared, soils were
-poor. and extra moneywas spent to build infrastructure underneath the tower to
support it, which resulted in a barely>adequate water supply at peak-hours. This
engineer's comment was that sometimes marginally adequate water supply ends
up being the most logical choice, because it is the only location that the City as a
whole can support.
Mr. Hensel spoke about the residents' concerns regarding the proximity of the
water tower to the Land of Amazement, and inquiries to the Police Department
. that the North Park area is rapidly becoming a magnet for trouble. He stated he
feels a water tower in that area will not benefit or reduce the flow of trouble. He
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CITY OF LAKEVILLE COUNCIL MEETING
FEBRUARY 6, 1995
PAGE 8
stated residents are concerned with graffiti, attracting more adolescents to the
area and safety to children during construction. They are also concerned with
the shadow impact and the unknown affect of modified water run-off during and
after construction. They feel the water tower is not compatible with the protected
wetlands adjacent to the .area, and are concerned that there hasn't been
adequate research on the impact of the water tower on the wetlands.
95.11 Motion was made by Harvey, seconded by Sindt to receive the petition- entitled,
"We request that the City of Lakeville not place a water tower in North Park
because of the negative impact it will have on the park, the surrounding
neighborhoods and the community as a whole", (on file in the City Clerk's office).
Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Johnson, Zaun,
Sindt.
Mr. Gary Carlson, 16702 Innsbrook Drive, spoke about the negative impact he
feels, as a Realtor and certified residential specialist, that the water tower will
have on the resale value of the homes in the surrounding area. He stated 57
Realtors were polled, out of which 53 stated they felt the water tower will have a
negative impact on the residential resale value of the homes surrounding the
water tower. He presented a copy of a .letter from a homeowner at 17203
Idlewood Way who .indicates that the proposed water tower is the predominant
reason they are selling their home; and a copy of a letter from a resident who
stated when purchasing their home at 9605-170th Street West, they chose the
Lakeville site over a site in Apple Valley, which was next to a water tower. Mr.
Carlson stated he is not against the construction of a water tower, only its
location in North Park. He suggested a committee of citizens, Lakeville staff and
engineers meet and decide on the best location for the tower, basing this
decision not only on engineering. studies, but on all issues that will. affect. the
quality of life in the area.
Ms. Carol Penkow, 16698 Innsbrook Drive, spoke in regard to the issue of water
.towers located. in city .parks.: She stated based on her research from the cities of
Blaine, Bloomington, Minnetonka-and Plymouth and Shakopee, the water towers
were. built:-first,:.and the parks were later built around the towers.. She stated
most city officials told her that they were not able to do much with. the land
around the water towers, .which was the reason the parks were developed. She
stated in the City of Woodbury, a coalition of citizens was formed and, as a
result, the water tower was. moved away from a residential neighborhood to
some farm land.
Mr. Mike Zimmer, 16703 Innsbrook Drive, stated the citizen group has hired a
land use attorney, Phillip R. Krass, to take the matter into litigation if the City
CITY OF LAKEVILLE COUNCIL MEETING
FEBRUARY 6, 1995
PAGE 9
•
Council approves the construction of a water tower in North Park. He presented
a letter from Mr. Krass dated February 6, 1995, (letter on file in the City Clerk's
office). Mr. Krass's letter states that in his opinion, the City cannot legally put a
public utility, such as a water tower, in North Park since the land was acquired
by the City of Lakeville with funds provided by the taxpayers pursuant to a 1986
park bond referendum. Mr. Krass feels that the land was dedicated by the City
as spark and cannot be_used for any purpose inconsistent ..with he dedication.
Mr. Zimmer tated hat-the-residents are convinced, based on the opinion of Mr.
Krass, that the water tower should not, and cannot IegaNy, be placed in the parka
City Attorney Roger Knutson referenced Mr. Krass's letter and made the
following comments: In regard to violation of dedication,. Mr. Knutson explained
that both cases referenced in Mr. Krass's letter involved property dedicated
either in conjunction with. a plat or a deed dedicated to the City for park purposes
only. He explained that North Park was not dedicated on a plat and #here are no
restrictions on the deed for its use. He stated he spoke with the City's bond
counsel, John Kirbey of Dorsey & Whitney, who stated he saw no problem with
using the park property for a water tower.
Mr. Erickson explained that if the park had been dedicated on the plat or the
deed had restrictive language, a portion of-North Park could not have been sold
to Crystal Lake Golf Course for the creation of golf hole #12 or protection of the
wetland.
Mr. Knutson also pointed out that the parcel in question is being used as a
parking lot, and actual park play area is not being taken.
Mr. Knutson went on to address the issue raised by Mr. Krass regarding
depreciation of nearby property values. Mr, Knutson referenced a letter from
Mark S. Parranto, Parranto Associates, Inc., dated February 6, 1995 (letter on
file in the City Clerk's office). Mr. Parranto had been retained by property
owners in the City of Woodbury for his opinion on the impact of a water on
adjacent property, in which case he found there #o be no adverse impact. Based
upon- Mr. Parranto's review of the proposed <water tower in North Park, its
ocaton, its site and thesurrounding-development, it is his opinion that there will
be no impact on the values of homes constructed adjacent to the park .caused by
the water tower location.
Mr. Knutson then addressed the issue raised by Mr. Krass regarding a petition
for environmental review and a request for an Environmental. Assessment
Worksheet (EAW) and Environmental Impact Statement (EIS). He explained
that the. purpose of an EAW is to determine whether there is the potential for
significant environmental impacts. Mr, Knutson recommended the City Council
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CITY OF IAKEVILLE COUNCIL MEETING
FEBRUARY 6, 1995
PAGE 10
condition any approval by keeping the environmental process alive, to the extent
that it is alive, (to the extent that the rules have been properly followed). He
stated if the City Council were to approve the conditional use permit, approval
should be conditioned on the completion of the environmental review process in
accordance with Minnesota Rules, part 4410.3100, subpt. 1, or the Council
could determine tonight whether an EAW should. be prepared.
Councilmember Harvey asked about water-tower-maintenance, i.e. painting of
the existing Dakota .Heights reservoir. Mr. Nelson stated maintenance is
generally done during off-season usage, not in the summer months. He further
stated the North Park tower would enable this work to be done without
dependence on our interconnects with neighboring communities.
Councilmember Harvey pointed out that Site #5 would cost the City an additional
$400,000, and would still not provide adequate pressure. He stated he feels the
City's fire flows and fire ratings would be in jeopardy if the tower were not built in
North Park.
Councilmember Johnson asked what affect the purchase of site #5 for $400,000
would have on the City's budget or Moody's credit rating. Mr. Feller explained
that the City would have to borrow money, which would increase the debt on the
water treatment plant project by approximately 10%. He stated he did not feel it
would impact the City's credit rating.
Councilmember Johnson asked how wide a window does the City have to meet
the various physics/principles that are involved with moving water from Point A
to Point. B, maintaining pressure in between those points.
Mr. Nelson explained that in his opinion, the water tower would need to be built
on higher ground elevations, generally between 175th Street and 165th Street,
east or west of Ipava Avenue.
Councilmember Sindt asked staff to clarify .the requirements for legal notification
for conditional use :permits. Mr. Erickson explained that the City is required to
mai public hearing notices to'ail property owners within 350 feet of the boundary
of the property for which the conditional use permit is being applied for. He
explained that the City Clerk signs the affidavit of mailing, which is also signed
by the post master upon receipt of the letters at the post office. At that point, he
explained, the City has fulfilled its legal notification requirements.
Mr. Knutson stated, in response to Councilmember Sindt's question, that there
would be no liability on the part of the City for lack of fire protection. due to low
water pressure.
CITY OF LAKEVILLE COUNCIL MEETING
FEBRUARY 6, 1995
PAGE 11
Councilmember Sindt asked if the height of the water tower determines the size
of its base. Mr: Nelson stated the height and volume of the water tower would
determine the size of its base.
Councilmember Mulvihill asked the residents present where they would like the
:water owerplaced if not in North Park. She tated, "No matter where we site it
within the designated area, it's -going to hit someone's neighborhood". She
explained that-Site #3 was selected based upon solid research.. She stated she
did not feel the City of Lakeville cou d accept, as Mr. Zimmer suggested, a
location that was marginally adequate. She felt that was a poor decision on the
part of that particular group of policy makers who should have,:: in her opinion,
gone with the decision that was the best overall for the city. She explained that
Lakeville citizens do have input in the process through the City Council's
advisory committees, which are made up of citizen volunteers. She stated she
feels. park problems in the North Park area are increasing due to the fact that
many of the area children are reaching adolescent age.. These problems,
including graffiti, will occur with or without a water tower, and they will be
addressed by the Police Department as they are in every other park throughout
the community. She agreed with the City Attorney that the water tower will have
no affect on the use of North Park. She stated in her opinion there are no viable
alternatives, and she apologized to the residents for not being able to provide a
win-win situation.
Mr. Zimmer stated, on behalf of the residents, "there's going to be a lawsuit".
Councilmember Johnson stated he has remained open minded and willing to
listen to the comments and concerns of the residents. However, he stated he
does not feel Site #5 will meet the needs of the citizens in general..
Mayor Zaun stated he feels the petition #or environmental review should be
given some consideration, and asked the City Attorney to outline the process.
Mr. Knutson explained that the=:petitioners would need to fide the original (official)
request:for an EAW with he Environmental Quality Board {{EQB), with a courtesy
copy given to the City, (which the City has received). The EQB reviews the
petition for sufficiency, and it then determines who the responsible governmental
unit (RGU) will be. In this particular case, the RGU would be the City of
Lakeville. The EQB would then send the petition to the City of Lakeville. Mr.
Knutson stated that since the City does not have the. official petition, to his
knowledge, there is no action to betaken by the Council at this time.
CITY OF LAKEVILLE COUNCIL MEETING
FEBRUARY 6, 1995
PAGE 12
95.12 Motion was made by Harvey, seconded. by Mulvihill to adopt the Planning
Commission's Findings of Fact and Recommendation and approve a conditional
use permit to allow the construction of a City water tower in an R-2, single family
residential district, at North Park, conditional on the completion of the
environmental review process in accordance with Minnesota Rules part
4410.3100, subpt. 1.
Roll call was taken on the :motion. Ayes, Harvey, Johnson, Zaun, Sindt,
Mulvihill.
ITEM 11
Joel Dresel of Orr-Schelen-Mayeron & Associates presented the feasibility
report for the reconstruction of downtown sanitary sewer, watermain, storm
sewer and street improvements, Improvement Project 94-1. He explained that
numerous informational meetings have been held with the downtown property
owners. The total estimated project cost is $8,495,000, of which $923,000 is
proposed to be assessed to benefiting property owners. The project is
anticipated to be financed from a combination of turnback funds, City trunk funds
. Tax Increment District funds and assessments. Amore detailed presentation of
the project will be given at the March 6th public hearing.
95.13 Motion was made by Sindt, seconded by Harvey to receive the feasibility report
and approve Resolution No. 95-23 calling a public hearing for the downtown
sanitary sewer, watermain, storm. sewer and street .improvements, Improvement
Project 94-1.
Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill,
Harvey.
ITEM 12
Mr. Robert Vogel, President of New Market Bank, .requested Council approval of
a conditional use permit to construct a new branch bank, with ..drive-up service,
at 20151 Icenic Trail. > Mr. Dempsey presented the January 25, 1995, planning
report. He stated New Market Bank is proposing to construct. a new building on
Lot 2, Block 2, Viking Square, with access on Icenic Trail. The Planning
Commission held a public hearing on the conditional use permit application and
recommended a revision in the landscape plan to provide a minimum landscape
buffer strip width of 10 feet along the north property. line. Staff is recommending
an additional stipulation requiring that snow storage not be permitted within the
S parking lot or landscape .screening area, which is consistent with other
commercial sites. Mr. Vogel has agreed to all the recommended stipulations.
CITY OF LAKEVILLE COUNCIL MEETING
FEBRUARY 6, 1995
PAGE 13
The Planning Commission and staff recommend approval of the conditional use
permit.
95.14 Motion was made by Johnson, seconded by Mulvihill to receive the Planning
Commission's Findings of Fact and Recommendation. and approve a conditional
use permit for New- Market Bank to allow the construction of adrive-through
bank office building at 20151 Icenic Trail
Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Harvey,
Johnson.
ITEM 13
95.15 Motion was made by Mulvihill, seconded by Sindt to receive the resignation of
W.L. "Whitey" Whitehouse from the Planning Commission.
Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Harvey, Johnson,
Zaun.
ITEM 14
95.16 Motion was made by .Harvey, seconded by Sindt to set a Council work session
for Thursday, February 16, 1995, at 7:00 p.m.
Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Johnson, Zaun,
Sindt.
UNFINISHED BUSINESS
Councilmember Sindt pointed :out that the contract with Dakota Pet Hospital was
tabled at the January 17th Council meeting to the February 6th meeting. Since
the contract is not ready for consideration at this time, she suggested it be tabled
until the February 21st Council meeting.
-95.17 Motion was made by Sindt,-seconded by Johnson to table consideration of the
contract with Dakota Pet Hospital until the February 21st Council meeting.
Roll call was taken on the motion. Ayes, Harvey, Johnson, Zaun, Sindt,
Mulvihill
NEW BUSINESS
CITY OF LAKEVI~LE COUNCIL MEETING
FEBRUARY 6, 1995
PAGE 14
95.18 Motion was made by Mulvihill, seconded by Johnson to appoint Ms. Laurie. Rieb
to the Planning Commission for the remainder of a term which will expire on
January 1, 1996.
Roll call was taken on the motion. Ayes, Johnson, Zaun, Sindt, Mulvihill,
Harvey.
ANNOUNCEMENTS
Next regular Council. meeting, Tuesday, February 21, 1995.
Mayor Zaun adjourned to an Executive Session. 10:30 p.m.
Respectfully submitted,
Charle a riedges, City Jerk
D ane Zaun, May