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HomeMy WebLinkAbout02-22-05 r J CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 22 2005 Mayor Johnson called the meeting to order at 7:00 p.m. The pledge of allegiance to the flag was given. Roll call was taken. Present: Council Members Bellows, Rieb, Luick and Mayor Johnson. Absent: Council Member Wulff. Also present: E. Knetsch, Assistant City Attorney;. S. Mielke, City.. Administrator; J. Rubash, Assistant City Engineer; D. Olson, Community & Economic Development Director; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; Captain Vonhof, Police Department; D. Volk,. Director of Operations & Maintenance; D. Morey, Planning Director; A. Kuennen, Planner; F. Dempsey, Planner; B. Anderson, Assistant to City Administrator; C. Friedges, City Clerk. MINUTES The minutes of the February 7, 2005 City Council meeting and the February 3, .2005 Council work session were approved as presented. STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: None ADMINISTRATOR: None COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR: Mr. Olson presented the 2004 Economic Development Annual Report PARKS & RECREATION DIRECTOR: Mr. Michaud presented the January monthly report of the Parks & Recreation Department. POLICE CHIEF: Captain Vonhof presented the January. Police Department monthly report. PRESENTATIONS/INTRODUCTIONS None CITIZENS' .COMMENTS None i CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 22, 2005 PAGE 2 • CONSENT AGENDA 05.09 Motion was made by Bellows, seconded by Luick to approve the consent agenda items as follows: a. Claims for payment. b. January Investment Report. c. Receive minutes of the following advisory committee meetings: ? Planning Commission, February 3, 2005 ? Parks, Recreation & Natural Resources Committee, February 2, 2005 ? Telecommunications Commission., February 8, 2005 ? Lakeville Area Arts Center Board, February 10, 2005 d. Independent contract with Heidi Maire for Jazzercise classes held at the Lakeville Senior Center. e. Independent contracts with the following performers for the 2005 Lakeville Area Arts Center Playbill: "The Emperors of Jazz", "Kid Power with RachaeP', "Monroe Crossing", "Jack Norton and the Mullet River Boys" and "Four Shadow". f. Change Order No. 3 with Progressive Contractors, Inca for CSAH 5- 50/I-35 interim improvements, Improvement Project 02-07. g. Resolution No. 05-16 approving plans and specifications and. setting a bid date for sealcoating 2005, District 2B, Improvement Project 05-02. h. Tree service operator license renewal for Tree Top Service, Inc. i. Change Order No. 1 with CM Construction Company, Inc. for the Central Maintenance Facility. j. Dakota County Drug Task Force 2005 Joint Powers Agreement. k. Gambling permit for the Dakota Ringnecks Chapter of Pheasants Forever to hold a raffle at Crystal Lake Golf Club on March 19, 2005. 1 CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 22, 2005 PAGE 3 I. Labor Agreement between the City of Lakeville and Law Enforcement Labor Services, Inc. Employee's Union, Local No. 128. m. Employment Agreement between the City of Lakeville and Casey Ambers. n. Resolution No. 05-17 authorizing the sale of forfeited vehicles. Roll call was taken on the motion. Ayes, Bellows, Johnson, Rieb, Luick. ITEM 8 Mayor Johnson opened the public hearing to consider an ordinance amending Title 9, Chapter 7 of .the .Lakeville City Code concerning adoption of the Interstate 35/Kenrick Avenue Official Map. The City Clerk attested tolegal notice publication. Mr. Olson explained that one of the elements of the. proposed I-35/CSAH 7Q interchange design includes the replacement of the current park and pool lot located in the southeast quadrant of the interchange. A future park and pool lot and park and ride lot have been identified in the northeast quadrant of the interchange on Outlot B of Lakeville Commerce Center East. Lakeville Land Company owns this parcel of property, which is 5.2 acres in size. The City Council previously authorized an application to the Metropolitan Council Right-of-Way Acquisition Loan Fund. (KALE) to attempt to acquire this property prior to it being developed. The RALF program requires that the area. proposed for early acquisition be in an area that is officially mapped. Mr. Olson pointed out that the .proposed ordinance would officially map only the 5.2-acre parcel at this time, and not the entire interchange. This action would allow the City to proceed with phase two of the right of way acquisition process and will hopefully result in securing the necessary funding for the acquisition of this .property. Mr. Olson stated .the property owner is aware of this .process and is cooperating with the City. The City Council will be asked to consider a purchase and RALF agreement for the property at a future meeting. There were no public comments. 05.10 Motion was made by Luick, seconded by Rieb to close the public hearing on consideration of the Interstate 35/Kenrick Avenue Official Map. Roll call was taken on the motion. Ayes, Johnson, Rieb, Luick, Bellows. C/TY OF LAKEVILLE COUNCIL MEETING FEBRUARY 22, 2005 PAGE 4 05.11 Motion was made by Rieb, seconded by Bellows to adopt Ordinance No. 781 amending Title 9 of the Lakeville City Code concerning adoption of the Interstate 35/Kenrick Avenue Official Map. Rohl call was taken on the motion. Ayes, Rieb, Luick, Bellows, Johnson. ITEM 9 Mayor Johnson opened the public hearing on the application of Cafe Pierre-Vatel LLC for an on-sale 3.2% malt liquor license and wine license at 7704 - 160t" Street West. .The City Clerk attested to legal notice publication. The applicant, Yolande Jenny, requested approval of a 3.2% malt liquor license and a wine license for Cafe Pierre. Sergeant Knutson presented the police report for Cafe Pierre and recommended approval of a 3.2% malt liquor license and a wine license subject to receipt of a Certificate of Assumed Name from the applicant. There were no public comments. 05.12 Motion was made by Rieb, seconded by Luick to close the public hearing. Roll call was taken on the motion. Ayes, Luick, Bellows, Johnson, Rieb. 05.1.3 Motion was made. by Bellows,. seconded by Rieb to granfi an on-sale 3.2% malt liquor license and a wine license to Cafe Pierre-Vatei LLC, d.b.a. Cafe Pierre, 7704 - 160t" Street West, subject to receipt of a Certificate of Assumed Name. Roll call was taken on the motion. Ayes, Bellows, Johnson, Rieb, Luick. ITEM 10 Mayor Johnson opened the public hearing on the application of Marcos A. Herrera, Herrera Inc., for an on-sale. 3.2% malt liquor and wine license at Pizza Prima & Pasta Italian .Eatery, 20198 Heritage Drive. The City Clerk attested to legal notice publication. Mr. Alex Vitali, representing the applicant, and restaurant manager Gina Vitali, requested Council approval of a 3.2% malt liquor license and a wine license for Pizza Prima & Pasta Italian Eatery. Mr. Vitali provided the Certificate of Assumed Name, as required by City ordinance. CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 22, 2005 PAGE 5 Sergeant Knutson reported that the application is complete and everything is in order for Council approval of a 3.2% malt liquor license and a wine license. There were no public comments. 05.14 Motion was made by Luick, seconded by Bellows. to close the public hearing. Roll call was taken on the. motion. Ayes, Johnson, Rieb, Luick, Bellows. 05.15 Motion was made by Luick, seconded by Rieb to grant an on-sale 3.2% malt liquor license and a wine license to Marcos A. Herrera, Herrera Inc., d.b.a. Pizza Prima & Pasta Italian Eatery, 20198 Heritage Drive. Roll call was taken on the motion. Ayes, Rieb, Luick, Bellows, Johnson. ITEM 11 Mayor Johnson opened the public hearing on the application of H & N Enterprises, LLC, for an on-sale 3.2% malt liquor license and wine license at 17701 Cedar Avenue.. The City Clerk attested to legal notice publication. Terry North of H & N Enterprises requested Council approval of a 3.2% malt liquor license and a wine license at Dino's "The Greek Place". Sergeant Knutson reported that the application is complete and everything is in order for Council approval of a 3.2% malt liquor license and a wine license. There were no public comments. 05.16 Motion was made by Rieb, seconded by Bellows to close the public hearing. Roll call was taken on the motion. Ayes, Luick, Bellows, Johnson, Rieb. 05.17 Motion was made by Bellows, seconded by Rieb to grant an on-sale 3.2% malt. liquor license and a wine license to H & N Enterprises, d.b.a. Dino's "The Greek Place", 17701 Cedar Avenue. Roll call was taken on the motion. Ayes, Bellows, Johnson, Rieb, Luick. CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 22, 2005 PAGE 6 ITEM 12 _ Lonnie Anderson of APPRO Development requested Council approval. of the Creekside Business Park preliminary plat, along with a conditional use permit to increase the impervious surface area in the shoreland overlay district, and a variance to allow the length of a cul-de-sac street to exceed 600 feet. Associate Planner Allyn Kuennen presented the preliminary plat of Creekside Business Park,.which consists of six industrial lots located on the north side of County Road 70, west of Holyoke Avenue. .The preliminary. plat includes the construction of an office/warehouse building on Lot 4 and future industrial uses on the other five lots. In .conjunction with the preliminary plat, the developer is requesting a conditional use permit to increase the impervious surface area within the shoreland Overlay District by approximately 59%. The developer has employed best. management practices, including infiltration and storm water treatment basins, as outlined in the shoreland Overlay District design standards. The developer is also requesting a variance to allow the length of the cul- de-sac street to exceed the 600-foot limit by 62 feet. This would allow the lots at the end of the cul-de-sac to maintain a more regular shape and allow additional frontage for each lot onto the right-of-way. Mr. Kuennen explained that the Parks, Recreation and Natural Resources Committee recommended that the preliminary plat not be approved due to unaddressed issues identified in the engineering report. Since that time, the developer has revised the preliminary plat plans to address a majority of those issues. The remaining items will be addressed with the final plat plans. The Planning Commission recommended .approval of the preliminary plat, conditional..use permit and variance subject to 17 stipulations. Mayor Johnson asked if the site plan includes an area for exterior truck parking. Mr. Kuennen stated it does not. 05.18 Motion was made by Luick, seconded by Rieb to receive Planning Commission's Findings of Fact and Recommendation and approve the Creekside Business Park preliminary plat, a conditional use permit to increase the impervious surface area in the shoreland overlay district and a variance for cul-de-sac street length... Roll call was taken on the motion. Ayes, Johnson, Rieb, Luick, Bellows. CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 22, 2005 PAGE 7 ITEM 13 Stephen Lewis, representing Hertz Local Edition, requested. Council approval of a conditional use permit to allow outdoor rental for Hertz auto rental, 16085 Buck Hill Road. Mr. Dempsey explained that the Hertz outdoor auto rental business will include a 1,750 square foot office and manual car wash bay, which. will be for the exclusive use of Hertz for cleaning rental vehicles.. Hertz will be one of three tenants in a building currently occupied. only by the Bumper- . to-Bumper Auto Parts .store. The property is zoned C-3, .General Commercial District. Hertz will use a maximum of five parking spaces dedicated to parking of rental vehicles. The conditional use permit meets .the requirements of the zoning ordinance with the approval of an administrative permit to allow a 10% reduction in the number of required parking spaces. The Planning Commission held a public hearing and unanimously recommended approval subject to five stipulations. 05.19 Motion was made by Rieb, seconded by Bellows to receive the Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit to allow outdoor rental for Hertz auto rental, 16085 Buck Hill Road. Roll call was taken on the motion. Ayes, Rieb, Luick, Bellows, Johnson. ITEM 14 Kirk Meyer requested. Council approval of the preliminary and final plat of two single-family lots to be known as Orchard Trail Mr. Dempsey stated the proposed development is located in the southwest corner of Orchard Trail and Kabera Trail. He explained that the 4.6-acre area of the proposed preliminary and final plat is part of a five- acre parent parcel that was proposed to be platted into three lots in 2002 when a residential platting moratorium was in place. Instead, an administrative subdivision was approved in 2002 that allowed the subdivision of the parent parcel into two lots. The creation of the third and final lot requires a preliminary and. final plat. The preliminary and final plat will allow a house to be constructed on Lot 2, Block 2. He explained that the Planning Commission agreed to allow a conservation easement over the wetland and wetland buffer area on the west side of Lot 1, although the recommendation was not unanimous. Some Planning Commission members felt the area should, instead, be dedicated to the City as an • outlot. There was no public comment at the public hearing. The Planning CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 22, 2005 PAGE 8 Commission recommended approval of the preliminary and final plat of Orchard Trail on a 4-3 vote. 05.20 Motion was made by Bellows, seconded by Rieb to approve Resolution No. 05-18 approving the preliminary and final plat of Orchard Trail and a Conservation Easement with Kirk E. and Toni L. Meyer. Roll call was taken on the motion. Ayes, Luick, Bellows, Johnson, Rieb. UNFINISHED BUSINESS None NEW BUSINESS None ANNOUNCEMENTS Next regular Council meeting, March 7, 2005 Mayor Johnson adjourned the meeting at 8:13 p.m. Respectfully submitted, harlene Friedges, City Jerk 6~(/ Robert D. Johns ,Mayor