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Home My WebLink About03-01-04 . r CITY OF LAKEVILLE COUNCIL MEETING MARCH 1, 2004. Mayor Johnson called the meeting. to .order at 7:00 p.m. Boy Scout Troop 235 presented the colors and led the pledge of allegiance. to the flag. Roll call was taken. Present: Council members Bellows, Wulff, Rieb, Luick and Mayor Johnson. Also present: R. Knutson, City Attorney; R. Erickson, City Administrator; K. Nelson, City Engineer; D. Olson, Community & Economic Development Director; D. Feller, Finance Director; D. Martens, Police Chief; D. Volk, Director of Operations & Maintenance; B. Anderson, Assistant to City Administrator;. C. Friedges, City Clerk. MINUTES The minutes of the February 17, 2004 City Council meeting andthe February 11, 2004 Council work session were approved as presented. • SPOTLIGHT ON BUSINESS Mr. Olson introduced Jeff Carriveau and Jerry Hertel of H.J. Development. H.J. Development owns a majority of the commercial portion of the Crossroads Development. at Cedar Avenue and Dodd Boulevard. STAFF ANNOUNCEMENTS.- ATTORNEY: None ENGINEER: Mr. Nelson presented an engineering project update. ADMINISTRATOR: Mr. Erickson provided additional information for Agenda Item 9. POLICE CHIEF: Chief Martens presented the 2003 Police Department Annual Report. 04.27 Motion was made by Luick, seconded. by Bellows to accept the 2003 Police Department Annual Report. 3 CITY OF LAKEVILLE COUNCIL MEETING MARCH 1, 2004 PAGE 2 • Roll call was taken on the motion. Ayes, Bellows, Johnson, Wulff, Rieb, Luick. PRESENTATIONS/INTRODUCTIONS Steve Michaud introduced Tom Barnard, Arts Center .Coordinator. CITIZENS' COMMENTS None CONSENT AGENDA 04.28 Motion was made by Rieb, seconded by Wulff to approvethe consent agenda .items as follows: a. Claims for payment. b. Receive minutes of the following advisory committee meetings: Planning Commission, February 19, 2004 Parks, Recreation & Natural Resources Committee, February 18, • 2004 Lakeville Area Arts Center Board, February 12, 2004 c. Final acceptance ofpublic utility and street improvements in Spring Hill. d. Final acceptance of public .utility and street improvements in Spring Hill 2"a. e. Trail construction reimbursement in Greenway 2na Addition. f. Trunk storm sewer and trail .construction reimbursement in Greenway 3ra Addition. _ g. Resolution No. 04-34 approving plans and specifications and setting a bid date for 2004 sealcoating, District 2A2, concrete curb & gutter and miscellaneous. pavement repairs, Improvement Project 04-01. h. Resolution No. 04-35 approving feasibility report and authorizing preparation of plans and specifications for CSAH 70 trunk sanitary sewer, Improvement Project 03-13. CITY OF LAKEVILLE COUNCIL MEETING. MARCH 1, 2004 PAGE 3 i. .Gambling permit for All Saints Catholic Church to hold a raffle on April 17, 2004. j. Resolution No. 04-36 appointing members to the Employee Position Evaluation Committee. k. Resolution No. 04-37 adopting revisions to the Lakeville Liquors Employee Manual L Resolution No. 04-38 accepting donation from the Minnesota Safety Council to the Police .Department Car Seat Clinic Program. m. Resolution No. 04-39 accepting donation from Domino's Pizza to the Police Department Car Seat Clinic Program. n. Resolution No, 04-40 approving plans and specifications and setting a bid date for Prairie Lake Park, Improvement Project 04-03. o. Resolution Na 04-41 establishing .2004 spring weight restrictions on specific roads/streets. p. Renewal of tree service operator License. for Sherwood Tree Service. q. Gambling permit for Pheasants Forever, Chapter #562, for a raffle at Crystal Lake-Golf Club on March 20, 2004. r. Receive application of LaGalera Inc., d.b.a. Teresa's Mexican Restaurant, for an on-sale and Sunday liquor license at 20202 Heritage Drive, and call a public hearing to be held on April 5, 2004. Roll call was taken on the motion.. Ayes, Johnson, Wulff, Rieb, Luick, .Bellows. ITEM 9 Mayor Johnson opened the public hearing on the. application of SuperValu, .Inc. for an off-sale 3.2% malt liquor license at Cub Foods, 7435 - 179tH Street West. The City Clerk attested to publication of the legal notice. Chief Martens presented the. police report. He indicated that.the application is complete, and all. related documents have been submitted. CITY OF LAKEVILLE COUNCIL MEETING MARCH 1, 2004. PAGE 4 Pending he outcome of the public hearing, the Police Department has no objection to the issuance of an off-sale 3.2% malt liquor license. Store Manager Chad Evenson indicated that the store is scheduled to open to the public on Friday, March Stn There-were no comments or questions from council members or the audience. 04.29 Motion was made by Rieb, seconded by Wulff to close the public hearing on the application of SuperValu, Inc. for an off-sale 3.2% malt .liquor License at Cub Foods, 7435 - 179t" Street West. Rolf call was taken on the motion. Ayes,. Wulff, Rieb, Luick, Bellows, Johnson. 04.30 Motion was. made by Wulff, seconded by Bellows to grant an off-sale: 3.2% malt liquor license to SuperValu, Inc., d/b/a Cub Foods, 7435 - 179t~ Street West. Roll call was taken on the motion. Ayes, Rieb, Luick, Bellows,. Johnson, Wulff. ITEM 10 Associate Planner Erin Seeman presented the application of Kevin Brown for a conditional use permit to allow more than one detached accessory building on his properly located at 22000 Laigle Avenue. She- explained that Mr. Brown already has a detached accessory building on his property. Approval of the conditional-use permit would result in a total accessory .building area. of 4,755 square feet, which is within the 13,068 square feet of allowable accessory building area in the RA District. More than one detached accessory building: requires a conditional use permit. Ms. Seeman pointed out that Mr. Brown constructed the 512 square foot .horse shelter on his property prior to submitting an application fora. conditional use permit. The Planning Commission members unanimously .recommended approval, despite their displeasure with Mr. Brown for constructing the building without City approval There. was no public comment at the public hearing. Staff recommends approval subject to seven stipulations. Mr. Brown has agreed to all stipulations and provided i a $iD,000 security to ensure replacement of the septic system. CITY OF LAKEVILLE COUNCIL MEETING MARCH 1, 2004 PAGE S • Mayor Johnson encouraged Mr. Brown and other property owners to remain within the guidelines of the City of Lakeville and seek the appropriate permits/approval prior to proceeding with building construction. 04.31 Motion was made by Bellows, seconded. by Wulff to receive the Planning Commission's Findings of Fact and Recommendation and approve a conditional use permit to allow more than one detached. accessory building on property located at 22000 Laigle Avenue. Roll ..call was taken on the motion. Ayes, Bellows, Johnson, Wulff, Rieb. Nays, Luick. 'ITEM 11 Ms. Seeman presented the application of Tom LaBeau for the vacation of an existing drainage and utility easement located over a portion of Lot 2, Block i, Grenada Business Parka Preferred Property Solutions, LLC, is • proposing to construct a 10,160.square foot multi-tenant office/warehouse building on this lot. -The building will have four to six tenants. The easement vacation is being requested to allow a modification to the existing storm water treatment basin to accommodate the proposed site plan. The Planning Commission held. a public hearing on the easement vacation.. There was no public comment. The Planning Commission unanimously , recommended approval subject to two stipulations.. Mr. LaBeau has agreed to the stipulations. and provided a $22,500 security for related site improvements. 04.32 Motion was made by Rieb, seconded by Bellows to approve- Resolution No. 04-42 vacating a drainage and utility easement on Lot 2, Block 1, Grenada Business Parka Roll call was taken on the motion. Ayes, Bellows, Johnson, Wulff, Rieb, Luick.. ITEM 12 Bruce Carlson, Vice President of Retail Development for United Properties Investment LLC,.requested approval of a land exchange agreement for CITY OF LAKEVILLE COUNCIL MEETING MARCH 1, 2004 PAGE 6 CSAH 50 interim improvements. United Properties is proposing. a retail commercial project adjacent to CSAH 50 and 176t" Street. Mr. Olson explained that the land exchange agreement specifies the properties to be exchanged between United Properties and the City of Lakeville. With the exception of two parcels, all properties and easements. will be conveyed to the City on March 12t". United- Properties will acquire easements on the remaining two parcels on-March 15t" and April 2"d. The total value of land, right-of-way and other contributions being made by United Properties for the CSAH 50 interim improvement project is $2 million. Council Member Wulff asked why the cul-de-sac near Fire Station #3 has been removed from the site plan. Mr. Olson stated the cul-de-sac is no longer necessary, as properties will have access off of 1751h Street. 04.33 Motion was made. by Luick, seconded. by Wulff to approve a Land Exchange Agreement between the City of Lakeville and United Properties Investment LLC for the CSAH. 50 interim improvement project. Roll call was taken on the motion.... Ayes,. Johnson, Wulff, Rieb, Luick, Bellows. ITEM 13 04.34 Motion was made by Bellows, seconded by Wulff to hold a Council work session on Monday, March 22nd, at 5:00 p.m. Roll call was taken. on the motion. Ayes, Wulff, Rieb, Luick, Bellows, Johnson. UNFINISHED BUSINESS none NEW BUSINESS None ANNOUNCEMENTS Next regular Council meeting, March 15, 2004 Mayor Johnson adjourned the meeting at 8:12 p.m. Respectfully submitted, CITY OF LAKEVILLE COUNCIL MEETING MARCH 1, 2004 PAGE 7 Charlene Friedges, C' Clerk Robert D. Johnso ,Mayor •