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HomeMy WebLinkAbout03-21-94 CITY OF LAI~EVILLE COUNCIL MEETING MARCH 21,1994 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: Councihnembers .Mulvihill, Sindt, Johnson and Mayor Zaun. Absent: Councilmember Harvey. Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; K. Nelson, City Engineer; M. Sobota, Community and Economic Development Director; D. Feller, Finance Director; S. Michaud, Parks and Recreation Director; D. Gudmundson, Police Chief; D. Morey, City Planner; Mira Holliday, Deputy City Clerk. MINUTES The minutes of the March 7th regular Council meeting and the March 11th special Council meeting were approved as presented. STAFF ANNOUNCEMENTS ADMINISTRATOR: Mr. Erickson requested Council consideration of a gambling permit for the Lakeville Chamber of Commerce under new business, Item 15a. • CHIEF OF POLICE: Chief Gudmundson presented the February, 1994 monthly Police Department report. PARKS AND RECREATION DIRECTOR: Steve Michaud presented the February, 1994 monthly report and the 1993 annual report of the Parks and Recreation Department. ALF AMBULANCE DIRECTOR: Kevin Raun presented the 1993 ALF Ambulance Annual Report. PRESENTATIONS/INTRODUCTIONS None. CITIZENS'COMMENTS None. CONSENT AGENDA Councilmembers added Items 9 and 15a to the consent agenda. 94.45 Motion was made by Sindt, seconded by Mulvihill to approve the consent agenda items as follows: a. Claims for payment. b. February Investment Report. • c. Receive minutes of the following advisory committee meetings: Cable TV Board, February 28th CITY OF LAKEVILLE COUNCIL MEETING March 21,1994 Page 2 Planning Commission, March 3rd Parks & Recreation Committee, March 2nd Environmental Affairs Committee, March 2nd Park Bond Referendum Task Force, March 10th d. Approve .specifications for E-911 telephone equipment and authorize bids to be opened on Apri121,1994. e. Approve specifications for Police Department computers and authorize .bids to be opened on April 7,1994. £ Receive bids and approve Resolution No. 94-53 awarding contract for City Hall computers. g. Approve change orders for the police station expansion and remodeling project: Friedges Landscaping, $1,145 and $32 Dalbec Roofing, $540 and deduct $58 Alta Mechanical, deduct $240 K & K Sales, deduct $399 Sterling Electric,-$410, $1,286, $280 and deduct $211 h. .Resolution No. 94-54 amending the 1994 GIS Fund Budget. i. Resolution No. 94-55 granting approval to VFW Post 210 for pull tabs at the Lakeville VFW. j. Resolution No. 94-56 granting approval to Ducks Unlimited, Inc., Burnsville, for a raffle at Brackett's Crossing on Apri119, 1994. k. Resolution No. 94-57 requesting. copies of certificates of value from County Assessor for properties located within the City. of Lakeville pursuant to M.S. 272.115. 1. Resolution No. 94-58 accepting donation from the Lakeville Lioness Club to the DARE program. m. .Final acceptance of utilities,. Shady Oak Shores 6th Addition. n. Authorize Progressive Consulting Engineers to prepare Emergency Management and Water Conservation Plan. o. Grant extension. for final plat application to Hypointe Crossing 4th Addition.. p. Approve tree service operator license for Tree Masters Tree Service. • q. .Approve Resolution No. 94-59 with respect to conveyance of part of Lot 16 and 17, Block 3, Liberty Heights, lying southwesterly of the nght-of--way of Judicial Road (conveyance to David A. Lang and Patricia A. Lang). CITY OF T •AKRVILLE COUNCIL MEETING • March 21,1994 Page 3 r. Approve agreement with City of Farmington relative to Lakeville peace officers working part-time for Farmington. 9. Resolution No. 94-61 approving final plat of Highview Heights 7th Addition. 15a. ;Resolution No. 94-66 granting -.approval to the Lakeville Chamber of Commerce for a gambling event at Brackett's Crossing on April 15, 1994.. Roll call was taken on the motion. Ayes, Mulvihill, Sindt, Zaun, Johnson. ITEM 8 Chris Oace, Cable Coordinator, provided a brief overview of the transfer of the Star Cable TV franchise to Marcus Cable Partners. He then introduced Brian Grogan of Moss and Barnett, Sppecial Legal Counsel to the Cable Board, who reviewed the Report to the Ci of Lakeville, Minnesota Regarding Proposed Transfer of Ownership from tar Metro Cable, Inc. to Marcus Cable Partners, L.P. dated March 11, 1994. Mr. Grogan stated the report includes a positive recommendation to transfer the franchise to Marcus. Councilmember Johnson questioned the role of Goldman Sachs Investors. Mr. Grogan stated that Goldman Sachs had contributed equity to Marcus Cable Company. Mayor Zaun asked if Mr. Grogan had conducted customer surveys in other cities comparable in size to Lakeville and Farmington. Mr. Grogan stated that Marcus Cable is .currently serving smaller communities but surveys have been conducted periodically to document the consumers' degree of satisfaction. Dave Hansen, Operations Manager of Marcus .Cable, stated that all new customers, after one month of service, are contacted in regard. to service satisfaction. He also stated that a consultant is hired every two or three years to conduct random surveys regarding quality of service. Councilmember Sindt questioned if .Marcus Cable does business with .communities that have active Cable Boards. Mr. Hansen stated that they do. Robert Erickson stated that Star Cable has paid for legal fees for the transfer of ownership. He went on to commend Chris Oace for coordinating the transfer with the Cities of Farmington and Rosemount, and commended Marcus Cable and Lisa Washa for their coopperation. 94.46 Motion was made by Johnson, seconded by Sindt to adopt Resolution No. 94-60 approving the transfer of ownership of Star Metro Cable, Inc. i Roll call taken on the motion. Ayes: Sindt, Zaun, Johnson,. Mulvihill CITY OF L~KEVILLE COUNCIL MEETING • March 21,1994 Page 4 Per staff's recommendation, the City Council agreed to move Item No. 13 ahead of the remaining agenda items and consider it at this time. ITEM 13 David Licht of Northwest Associated Consultants reviewed a proposed :ordinance amending Ordinance No. 167, the :Zoning Ordinance, by making provisions for the opportunity, as well as the control, of sexually oriented activities. Mr. Licht explained that the Council previously adopted a resolution establishing the findings of fact that zoning and licensing regulations of sexually oriented businesses are necessary to minimize the secondary adverse effects of such businesses in Lakeville. That resolution provided the foundation for the planning report, dated January 13, 1994. The report comprehensively and thoroughly covers the background and content of possible sexually oriented use controls for the City. Mr. Licht explained that the proposed ordinance amendment establishes the necessary regulatory controls without violating constitutional rights of adult use business owners. Mayor Zaun questioned the origin of the definitions of "principle and accessory" uses. Mr. Licht explained that these definitions were initially formulated by Northwest Associated Consultants as part of a similar project and have gone through judicial review. Councilmember Sindt asked if adult magazines and videos would be required to be unaccessible to minors. Mr. Licht stated that most stores carrying such items have a separate area for the adult items or offer a catalog available only to adults. Mr. Erickson stated he felt the City Council's pro-active approach is reflective of the family values of the community. 94.47 Motion was made by Mulvihill, seconded by Johnson to adapt Ordinance No. 523 amending Ordinance No. 167, the Lakeville Zoning Ordinance, by making provisions for the opportunity, as well as the control, of sexually oriented activities. Roll call was aken on the motion. Ayes: Zaun, Johnson, Mulvihill, Sindt. ITEM 10 Brent Roschel, representing Good Value Homes, requested Council approval of the final plat of Homestead Creek East 3rd Addition. Daryl Morey provided an overview of the proposed final plat, which consists of 48 single family residential lots on land located on .the north side of 175th Street west of Highview Avenue. He stated this final plat represents the third and final development phase of the 121 single family residential lots of the Homestead Creek preliminary plat approved in 1992. Mr. Morey stated the final plat is subject to 12 stipulations outlined in the CITY OF LAKEVILLE COUNCIL MEETING March 21,1994 Page 5 February 25, 1994 planning report. A letter of intent to issue a letter of credit in the amount of $65$,709.76 has been provided by Builders Development and Finance, Inc. The Planning Commission, Environmental Affairs Committee, Parks and Recreation Advisory Committee and staff .are recommending approval of the final plat. At this time, Councihnember Sindt left the meeting. 94.48 Motion was made by Johnson, seconded by Mulvihill to adopt Resolution No. approving the final plat of Homestead Creek East 3rd Addition. Roll call was taken on the motion. Ayes: Johnson, Mulvihill, Zaun. ITEM 11 Jeff Hultgren, of Freeborn-Mower Ltd. requested Council approval of the final plat of Crystal Lake Golf Estates 5th Addition. Daryl Morey provided an overview of the proposed final plat, which consists of 73 single family residential lots on land located on the north side of 165th Street, south of Coun Road 46 and east of Ipava Avenue. Mr. Morey stated Crystal Lake Golf Estates 5th Addition is the final single. family residential development phase of the Crystal Lake Golf Estates preliminary plat and PUD approved m .1991. He stated the final plat contains one less lot than the previously approved preliminary plat. In .addition, the developer .has reconfigured five lot lines in order to save additional significant trees. The final plat is subject to 15 stipulations as outlined in the February 25, 1994 planning report, with an amendment to stipulation number 5 and the addition of stipulation number 16 as recommended by the Planning Commission. Premier Bank Metro South has provided a letter of intent to issue a letter of credit on behalf of Freeborn Mower Ltd. in the amount of $1,U91,396.29. The Planning Commission, Environmental Affairs Committee, Park and Recreation Advisory Committee and staff are recommending approval of the final :plat of Crystal Lake Golf Estates 5th Addition. At this time, Councilmember Sindt returned to the meeting. Councilrnember Johnson asked about he width of the NSP easement. Mr. Morey stated the easement is 75 feet. Mr. Erickson commended the developer on this project, stating Crystal Lake Golf Estates is an asset to the community. 94.49 Motion was made by 5indt, seconded by Mulvihill to adopt Resolution No. 94-63 approving the final plat of Crystal Lake Golf Estates 5th Addition. Roll call was taken on the motion. Ayes: Mulvihill, Sindt, Zaun, Johnson. CITY OF LAKEVILLE COUNCIL MEETING March 21, 1994 Page 6 94.50 Motion was made by Mulvihill, seconded by Johnson to reconsider motion number 94.48 in order to include Councilmember Sindt's vote. Roll call was taken on the motion. Ayes: Sindt, Zaun, Johnson, Mulvihill 94.51 Motion was made by .Mulvihill, seconded byy Sindt to adopt Resolution No, 94-b2 approving he final plat of Homestead Creek East 3rd Addition. Roll call was taken on the motion. Ayes: Zaun, Johnson, Mulvihill, Sindt. ITEM 12 Paul Kempf requested Council approval of the preliminary and .final plat of Marion Village Third Addition, the vacation of an existing drainage and utility easement and an ordinance rezoning the property from R-S to R-2. Michael Sobota provided an overview of the proposed preliminary and final plat, easement vacation and rezoning.. He stated that Marion Village Third Addition consists of five single family residential lots on land located on the north side of 205th Street west of Juno Trial on the south side of Lake Marion. He explained that the development of Marion Village Third Addition for single family homes and the downzoning from R-5 to R-2 will maximize • the environmental protection of the area and result in the removal of non-conforming structures and the well/septic system associated with the McCarthy residence. He further explained that associated with the platting are actions involving the vacation of an existing drainage and utility easement and a rezoning from R-5 to R-2 on the Johnson parcel. He stated the plat is subject to 11 stipulations as outlined in the planning report dated January 28, 1994. Mr. Kempf has provided a cash escrow in the amount of $50,000.03 for security to the development contract and a warranty deed for Outlot A. 94.52 Motion was made by Johnson, seconded by Sindt to adopt Resolution No. 94-64 vacating an existing drainage and utility easement in Marion Village. Roll call was taken on the motion. Ayes: Mulvihill, Sindt, Zaun, Johnson. 94.53: Motion was made by Mulvihill, seconded by Sindt to ::receive the .Planning Commission's findings of .fact and adopt ..Ordinance No, ..522 .:amending Ordinance No. 167, the Lakeville Zoning Ordinance, to rezone property in Marion Village from R-5 to R-2. Roll call was taken on the motion. Ayes: Sindt, Zaun, Johnson, Mulvihill. 94.54 Motion was made by Sindt, seconded by Mulvihill to adopt Resolution No. 94-65 approving. the preliminary and final plat of Marion Village Third Addition. • Roll call was taken on the motion. Ayes: Zaun, Johnson, Mulvihill, Sindt. CITY OF LAKEVILLE COUNCIL MEETING March 21,1994 Page 7 UNFINISHED BUSINESS None. NEW BUSINESS None. ANNOUNCEMENTS Next regular Council meeting, April 4, 1994; Council Work Session, March 31,1994. Mayor Zaun adjourned the meeting at 9:00 p.m. Respectfully submitted, Mira Holliday, e ty City Clerk ua a Zaun, Mayor • •