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HomeMy WebLinkAbout09-19-05 CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 19, 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, Luick and Mayor Johnson. Absent: Council Member Rieb. Also present: R. Knutson, City Attorney; S. Mielke, City Administrator; 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 September 6, 2005 City Council meeting were approved as presented. • STAFF ANNOUNCEMENTS ATTORNEY: None ENGINEER: None ADMINISTRATOR: None PARKS & RECREATION DIRECTOR: Mr. Michaud presented the August Parks & Recreation Department monthly report. POLICE CHIEF: Chief Strachan presented a Police Department report for August/early September. FIRE CHIEF: Chief Nelson provided a Summer 2005 department update. PRESENTATIONSlINTRODUCTIONS Mr. Michaud asked the City Council, on behalf of the Parks, Recreation & Natural Resources Committee, to consider re-naming the Ritter Farm Park • Environmental Learning Center the Ed Mako Environments/ Learning Center. CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 7 9, 2005 Page 2 • 05.81 Motion was made by Wulff, seconded by Lick to rename the Ritter Farm Park Environmental Learning Center the Ed Mako Environmental Learning Center. Roll call was taken on the motion. Ayes, Bellows, Johnson, Wulff, Luick. Mr. Mako thanked the City Council, former Council members and City staff. Duane Zaun, representing the Friends of the Lakeville Area Arts Center, recognized major contributors who supported the renovation and conversion of the former All Saints Catholic Church into the Lakeville Area Arts Center. He presented framed prints of original art work depicting the Lakeville Area Arts Center to the following businesses/individuals: Jeff Smith (Rosti .Construction), Doug Thompson (Telecommunications Commission), Ralph Kloiber & Wayne Johansen (HOM Furniture), Jeff Belzer (Belzer's Chevrolet), Mark Anderson (Lakeville Lions), Kevin Brazner & Barbara VanAuken (Avalon), Tip & Jake Enebak (Tradition Development), Marv Heintz (State Mechanical), Ken Meyer (Walters- . Climate), Mr. & Mrs. Herb Wensmann, Tom Ryan (Ryan Contracting), Joe Miller (Country Joe), Dan Silver (Terra Products) and Colette Jurek (Xcel Energy). Prints were also presented to Mayor Johnson and Steve Michaud. CITIZENS' COMMENTS None CONSENT AGENDA Council members added items 9 and 10 to the consent agenda. 05.82 Motion was made by Luick, seconded by Bellows to approve the consent agenda items as follows: a. Claims for payment. b. August Investment Report. c. Receive minutes of the following advisory committee meetings: ? Planning Commission, September 8, 2005 ? Parks, Recreation & Natural Resources Committee, September • 7, .2005 ? Lakeville Area Arts Center Board, September 8, 2005 CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 7 9, 2005 Page 3 ? Telecommunications Commission, September 13, 2005 d. Grant Agreement with Minnesota Department of Natural Resources for snowmobile trail maintenance. e. Grant Agreement with Minnesota Department of Natural Resources for cross-country ski trails. f. Agreement for. services performed by independent contractor, Glen Morgan, for the Parks & Recreation Department.. g. .Resolution No. 05-153 accepting a donation from Country Joe .Racing to the Police and Fire Departments. h. Resolution No. 05-1.54 accepting a FEMA grant to the Fire Department. i. Antenna Site Lease Agreement with VoiceStream Minneapolis, Inc., d.b.a. T-Mobile, for .cellular antennas at the North Park water tower site. j. Resolution No. 05-155 approving the final plat of Prairie Lake 8~' Addition. k. Resolution No. 05-156 vacating road right. of way in Argonne Farms. L .Contract addendum with Ziegler, Inc. for motor grader rental m. Accept the resignation of Pete Martin, and appoint. Steve Porter to the Lakeville Area Arts Center Board for a term expiring. on December 31, 2005. n. Appoint the following individuals to the Downtown Planning Task Force: Wendy Wulff, Jerry Erickson, Joe Blee, Darci Juniper, Larry Werner, Mark Hotzler, Dr. Gary Amoroso, Virginia Emond, Laura Lonergan and Teresa Engelhardt. 9. Receive Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit amendment to allow a 45,360 square foot addition onto the existing Bernco building located at 11356 - 215t" Street. • CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 19, 2005 Page 4 10. Receive Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit amendment to allow a 9,966 square foot building addition onto Family of Christ Lutheran Church, located at 10970 - 185t" Street. Roll call was taken on the motion. Ayes, Johnson, Wulff, Luick, Bellows. ITEM 8 Mayor Johnson opened the public hearing on the application of Matt Co., Inc. for an on-sale and Sunday liquor license at Chart House Restaurant, 11287 Klamath Trail. The city clerk attested to legal notice publication. Police Chief Strachan stated the liquor license. application is complete, and background investigations have been conducted on the owners and applicant. The Police Department has no objection to the issuance of an on-sale and Sunday liquor license. There were no questions or comments. 05.83 Motion was made. by Bellows, seconded by Wulff to close the public hearing on the application of Matt Co., Inc. for an on-sale and Sunday liquor license. Roll call was taken on the motion. Ayes, Wulff, Luick, Bellows, Johnson. 05.84 Motion was made by Wulff, seconded by Luick to grant an on-sale and Sunday liquor license to Matt Co., Inc. d.b.a. Chart House Restaurant, 11287 Klamath Trail. Roll call was taken on the motion. Ayes, Luick, Bellows, Johnson, Wulff. ITEM 11 Randall Hamon, representing the Church of God, requested Council approval of the preliminary and final plat of Highview Heights 8t" Addition, a conditional use permit amendment and vacation of drainage and utility easements. Mr. Dempsey presented the staff report for Highview Heights 8t" Addition. He explained that representatives from The Church of .God, 8130 - 160tH Street, submitted preliminary and final plat applications to subdivide two single-family home lots from the existing 4.61-acre church property. This proposal includes the vacation of existing drainage and utility easements, CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 79, 2005 Page 5 as well as an amendment to the existing conditional use permit to revise the church site plan to include modifications to the existing parking lot and driveways. The existing driveway access onto 160th Street will be relocated to access Harmony Path. An additional 25 feet of right-of-way is being dedicated along 160th Street as recommended by the Dakota County Plat Commission. The Planning Commission held a public hearing and unanimously recommended approval subject to 13 stipulations. Since that time, church officials have requested that they be allowed to move. the existing maintenance shed to the southeast side of the church property. The shed would be re-sided and re-shingled to match the church. The shed would be set back 20 feet from the east and south property lines. Existing fence encroachments will also be ..eliminated with this development. Council Member Luick asked how many total parking spaces would remain on the property. Mr. Dempsey stated parking requirements will be met, and an area has been identified on the site planfor future parking, if needed. 05.85 Motion was made by Bellows, seconded by Wulff to receive the Planning Commission's Findings of Fact and Recommendation and approve Resolution No. 05-157 approving the preliminary and final plat of Highview Heights .8th Addition, a conditional use permit amendment to modify the site plan for Church of God, located at 8130 - 160th Street, and Resolution No. 05-158 vacating drainage and utility easements. Roll call was taken on the motion. Ayes, Bellows, Johnson, Wulff, Luick. ITEM 12 On behalf of Airlake Development, Inc., Mr. Morey presented a proposed Comprehensive Plan amendment to change the land use designation of property from industrial to commercial, and an ordinance rezoning property from I-2, General Industrial District, to C-2, Highway Oriented Commercial District. He explained that the Comprehensive Plan amendment and rezoning are being requested in conjunction with the future development of two parcels of land owned by Airlake Development in the southeast quadrant of Cedar Avenue and Lakeville Boulevard. Mr. Morey explained that the Land Use Plan designates all four quadrants of the Cedar Avenue/Lakeville Boulevard intersection for commercial uses, and all are zoned C-2 District. Staff feels that the development of the subject parcel for commercial, rather than industrial, uses is appropriate. • In addition, the subject property is located adjacent to the intersection of two high-density minor arterial streets, and commercial zoning will provide CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 79, 2005 Page 6 an opportunity for retail and office uses to support the surrounding industrial and residential uses in this .area of the city. The Planning Commission held a public hearing and unanimously recommended approval Jack Matasosky stated that at this time, there are no users identified for the subject property, but it will be marketed for commercial use if the applications are approved. 05.86 Motion was made by Wulff, seconded by Bellows to approve a Comprehensive Plan amendment to change the land use designation. of property located east of Cedar Avenue and south of Lakeville Boulevard ` from Industrial to Commercial; and adopt Ordinance No. 790 rezoning property from I-2, General. Industrial District, to C-2, Highway Oriented Commercial District. Roll call was taken on the motion. Ayes, Johnson, Wulff, Luick, Bellows. ITEM 13 Mr. Morey presented an ordinance amendment concerning .the C-2, Highway Oriented Commercial District. This proposed ordinance allows the permitted uses in the C-1 District to roll over into the C-2 District.. He explained that this amendment is being processed in conjunction with Airlake Development's land use and zoning map amendments to develop property in the southeast quadrant of Cedar Avenue and Lakeville Boulevard for retail and office uses, as well as a separate medical office proposal in the northeast quadrant of Cedar Avenue and Lakeville Boulevard. Offices, clinics, banks and certain retail uses are not currently permitted in the C-2 District. Mr. Morey also presented an ordinance amending Title 11 of the Lakeville City Code (the zoning ordinance) concerning multiplex theater off-street parking requirements. He explained that the Lakeville (Muller) Theater is proposing to add three. screens and 870 seats to their existing facility located. at 20653 Keokuk Avenue. The proposed expansion will occur on the north side of the existing building and will extend into existing parking spaces. However,. the site layout would be reconfigured to result in no loss of parking spaces. Studies performed by the Institute of Transportation Engineers concluded. that a parking standard of one stall per 3.33 seats for multiplex theaters with more than 3,500 seats .would be appropriate to accommodate peak parking demand. The proposed zoning • ordinance amendment would allow the proposed Lakeville Theater CITY OF LAKEVILLE COUNCIL MEETING SEPTEMBER 19, 2005 Page 7 • expansion by establishing a separate parking requirement for multiplex movie theaters. The Planning Commission indicated that these proposed amendments are basically "fixes" to the existing ordinance. There were no comments at the public hearing. 05.87 Motion was made by Luick, seconded by Wulff to adopt Ordinance No. 791 amending Title 11 of the Lakeville City Code concerning multiplex theaters, and Ordinance No. 792 amending Title 11 of the Lakeville City Code allowing C-1 District permitted uses in the C-2 District. Roll call was taken on the motion. Ayes, Wulff, Luick, Bellows, Johnson. UNFINISHED BUSINESS None NEW BUSINESS None, ANNOUNCEMENTS Next regular Council meeting, October 3, 2005 Mayor Johnson adjourned the meeting at 8:22 p.m. Respectfully submitted, Charlene Friedges, City erk 6N . Robert D. Johns n, Mayor