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Home My WebLink About05-02-05 ! CITY OF LAKEVILLE COUNCIL MEETING MAY 2, 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, Wulff, Rieb, Luick and Mayor Johnson, .Also present: R. Knutson, City Attorney; S. Mielke, City Administrator; K. Nelson, City Engineer; D. Olson, Community & Economic Development Director; D. Feller, Finance Director; S. Michaud, Parks & Recreation Director; S. Strachan, Police Chief; D. Volk, Director of Operations. & Maintenance; D. Morey, Planning Director; B. Anderson, Assistant to City Administrator; C. Friedges, City Clerk. MINUTES The. minutes of the April 18, 2005 City Council meeting and the April 12, 2005 Council work session were approved as presented. • STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: The. City Engineer announced that in order to remove the old southbound bridge, the stretch of County Road 60 (185th Street) under I- 35 will be closed on Friday, May 6, at 9:00 p.m. and reopened for rush hour traffic on Monday, May 9. ADMINISTRATOR: None ' ALF AMBULANCE ADMINISTRATOR: Tom Kelley presented the 2004 ALF Ambulance Annual Report. DIRECTOR OF OPERATIONS & MAINTENANCE: Don Volk presented the Operations & Maintenance Department March/April monthly report. PRESENTATIONS/INTRODUCTIONS Kevin McCarney asked the City Council to proclaim May 5, 2005 .National Day of Prayer in Lakeville. Council Member Bellows read the proclamation. a CITY OF LAKEVILLE COUNCIL MEETING MAY 2, 2005 _ Page 2 Police Chief Steve Strachan presented a flag to the Lakeville Police Department in recognition of support from Officer Ron Hvinden, who is currently on military leave, deployed in Baghdad. Chief Strachan, along with School Resource Officer Beth Eilers, recognized three citizens for outstanding contributions in promoting health through their work with the Challenge to Change committee. Plaques were presented to Patty McDonald, Deb Enestved and Patrice Klayum. CITIZENS' COMMENTS Mark Lazarchic, Renaissance Fireworks, Inc., stated he had applied for a license to sell fireworks from the Lakeville Fire Department and was told that according to Lakeville City Code, fireworks can only be sold from a permanent building. He referenced Minnesota Statute 624.20, relating. to fireworks. He also referenced an explanation of the .law from the State Fire Marshal Division, which states that a local ordinance must ban all transient sales of any item, not just limit it to fireworks. The City of Lakeville, he stated, allows the sale of produce from a roadside tent. He asked that the ordinance be amended to allow the transient sale of fireworks from a roadside tent. Mayor Johnson referred the matter to the City Attorney. CONSENT AGENDA Council members added Item 8 to the consent agenda. Mr. Mielke clarified that Item 7i includes approval of a purchase agreement. 05.40 Motion was made by Bellows, seconded by Wulff to approve the consent agenda items as follows: a. Claims for payment. b. Receive minutes of the following advisory committee meetings: Planning Commission, April 21, 2005 Parks, Recreation & Natural Resources Committee, April 20, 2005 Lakeville Arenas Board, April 5 and April 13, 2005 Lakeville Area Arts Center Board, April 14, 2005 c. Grant a leave of absence for up to 90 days for Police Officer Kelli Coughlin. CITY OF LAKEVILLE COUNCIL MEETING MAY 2, 2Q05 Page 3 d. Construction Mana ement Services A reement with Kraus- g g Anderson Construction Company relating to the King's Park Arena. e. Resolution No. 05-55 receiving bids and awarding contract for 175tH Street widening, Ipava Avenue to Jonquil Avenue, Improvement Project 05-01. f. Agreement for Services Performed by Independent Contractor, Darren Silverness, sound and lighting technician at the Lakeville Area Arts Center. g. Lakeville Area Arts Center Exhibition Agreement format. h. Resolution No. 05-56 authorizing sponsorship of snowmobile trails. operated by the Lakeville Sno-Trackers; and. Resolution No. 05-57 authorizing sponsorship of cross country ski trails operated by the Lakeville Sno-Trackers. i. Resolution No. 05-58 approving Purchase Agreement with Cobblestone Lake, LLC, Joint Powers Agreement #or Acquisition of Land for Public Use and a Permanent Nature Area Conservation . Easement. j. Resolution No. 05-59 receiving bids and awarding contract for playground upgrades, Improvement Project 05-06. k. Labor Agreement between City of Lakeville and Law Enforcement Labor Services, Inc., Employee's Union (Local No. 177), 2005- 2006. I. Conditional use permit for Dodd Boulevard/CSAH 70 intersection improvements and a minor variance for cul-de-sac street length. m. Joint Powers Cost. Share Agreement for Pictometry International Corporation General License Terms and Conditions; and authorize the City Administrator to execute the agreement. n. Set Council work sessions to be held on May 11 and May 23, 2005. S. Receive Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit amendment to allow the construction of a 16 X 24 foot storage shed at 20270 Iberia Avenue (Bethlehem EvangelicaF Lutheran Church). CITY OF LAKEVILLE COUNCIL MEETING MAY 2, 2005 Page 4 Roll call was taken on the motion. Ayes, Bellows, Johnson, Wulff, Rieb, Luick. ITEM 9 Dave Sellergren, attorney for The Avalon Group, LLC, requested Council approval of Timbercrest at Lakeville 3ra Addition. He explained that a planned unit development amendment is being requested to include three multi-tenant retail buildings and atwo-story office/retail building, rather than the five freestanding buildings that were approved with the preliminary plat. He indicated that the freestanding restaurant uses anticipated with this phase have not materialized due to the low daytime population of the area. Associate Planner Erin Seeman stated the developer has submitted applications for the preliminary and final plat, planned unit development amendment and final stage planned unit development for four lots on one block on 7.16 acres of land. Also included is the vacation of underlying drainage and utility easements. The developer is proposing to construct three multiple tenant retail buildings and atwo-story office/retail building for a total of 61,404 square feet. The development will be built in two phases and is located north of 185t" Street and west of Orchard Trail. Ms. .Seeman explained that a revised sign plan has been incorporated into the PUD document allowing signage on three sides of the building for three of the end cap users, as recommended by the Planning Commission. Another change to the site plan involves a center drive isle running north/south through the site, landscaped islands and reconfiguration of the sidewalk and drive near the office/retail building. The Planning Commission recommended approval of the Timbercrest at Lakeville 3~a Addition preliminary and final plat, final stage planned unit development, PUD amendment and easement vacation on a 5-1 vote Council Member Wulff asked if the developer submitted plan details and elevations for the trash enclosure for the office/retail building, as stipulated by staff and the Planning Commission.. Ms. Seeman stated the developer has indicated they would attempt to move that trash enclosure inside the building. She indicated that staff will address this stipulation prior to issuance of a building permit for the office/retail building. Council Member Luick asked about driveway access off of Orchard Trail and whether there is ample room for stacking of traffic entering the site from 185t" Street. Ms. Seeman stated there are two accesses to the site off of Orchard Trail, and there will be stop signs at both accesses. She i CITY OF LAKEVILLE COUNCIL MEETING MAY 2, 2005 Page S i also stated there are turn lanes on Orchard Trail to accommodate traffic entering the site. 05.41 Motion was made by Luick, seconded by Rieb to approve Resolution No. 05-60 approving the preliminary and final plat and final stage planned unit development of Timbercrest at Lakeville 3rd Addition; and Resolution No. 05-61 vacating drainage and utility easements. Roll call was taken on the .motion. Ayes, Johnson, Wulff, Rieb, Luick, Bellows. ITEM 10 Michelle Gaetz and Marion Sletten requested Council approval of a conditional use permit to allow an indoor commercial recreation use in a multi-tenant building located at 21034 Heron Way. Associate Planner Erin Seeman explained that the space will be designed as a party facility for children ages 3 to 10 years. A 4,400 square foot arena would contain three inflatables and two inflatable games. The remaining 1,600 square feet would contain two offices, bathrooms and a • party room for gift opening and prepackaged snacks. A maximum of 24 children will be allowed in the arena at one time with a possibility of an additional 24 children ending their party in the party room. A host or hostess will be present at all times to assist with set-up, supervision and clean up. Their lease for the building limits their business to 12 parking stalls during business hours Monday thru Friday. The Planning Commission recommended approval subject to the stipulations listed in the April 13 planning report, with the elimination of stipulation #4, which limits the number of children in the facility for each two-hour party period to a maximum of 24. 05.42 Motion was made by Wulff, seconded by Rieb to receive the Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit to allow an indoor commercial recreation use in a multi-tenant building located at 21034 Heron Way. Roll call was taken on the motion. Ayes, Wulff, Rieb, Luick, Beiiows, Johnson. UNFINISHED BUSINESS None NEW BUSINESS None • CITY OF LAKEVILLE COUNCIL MEETING MAY 2, 2005 Page 6 ANNOUNCEMENTS Next regular Council meeting, May 16, 2005 Council/Staff Retreat, May 7, 2005 Mayor Johnson adjourned the meeting at 7:54 p.m. Respectfully submitted, Charlene Friedges, ' y Clerk Robert D. Johns ,Mayor • •